Devi vs The State Of Tamilnadu Rep. By Secretary ...
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Madras High Court

Devi vs The State Of Tamilnadu Rep. By Secretary ... on 20 April, 2026

Bench: S. M. Subramaniam, Krishnan Ramasamy

                                                                     H.C.P.No.296 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 20.04.2026

                                                      CORAM :

                                  THE HONOURABLE DR.JUSTICE ANITA SUMANTH
                                                    and
                                  THE HONOURABLE MR.JUSTICE SUNDER MOHAN

                                              H.C.P.No.296 of 2026

                     Devi, F/A 46 yrs,
                     W/o. Mahendiran,
                     No.1/29, Vivekanandhar Street,
                     Theerthagiriyampattu, Palavayal,
                     Tiruvallur, Tamil Nadu – 600 052.               .. Petitioner

                                                         vs

                     1.The State of Tamil Nadu,
                       Rep. by its Secretary to Govt.,
                       Home, Prohibition and Excise Department,
                       Government of Tamil Nadu
                       Fort St.George, Chennai-600 009.

                     2.The Commissioner of Police,
                       Avadi Police Commissionerate,
                       Office of the Commissioner of Police,
                       (Goondas Section), Vepery,
                       Chennai – 07.

                     3.The Superintendent of Prison,
                       Central Prison, Puzhal II,
                       Chennai – 66.

                     4.The Inspector of Police,
                       M-4 Redhills Police Station,
                       Chennai – 600 052.                            .. Respondents

                     1/5



https://www.mhc.tn.gov.in/judis
                                                                                    H.C.P.No.296 of 2026
                     Prayer : Petition filed under Article 226 of Constitution of India praying
                     for issuance of Writ of Habeas Corpus to call for the records relating to
                     the detention order dated 14.08.2025 passed by the 2 nd respondent in
                     No.125/TNPD/ACP/2025 and quash the same and direct the respondents
                     herein to produce the petitioner’s son Prakashraj @ Prakash, S/o.
                     Mahendiran, aged 26 years, who is presently under going detention in the
                     Central Prison, Puzhal II, Chennai before this Court and set him at liberty
                     forthwith.

                                  For Petitioner  :        Mr.K.Mohan
                                  For Respondents :        Mr.R.Muniyapparaj
                                                           Additional Public Prosecutor
                                                           assisted by
                                                           Mr.M.Sylvester John

                                                          ORDER

(Made by SUNDER MOHAN, J.)

The mother of detenu - Prakashraj @ Prakash, S/o. Mahendran,

has filed this petition challenging detention order dated 14.08.2025

branding him as ‘Goonda’ under Section 2(f) of the Tamil Nadu

Preventive Detention Act, 1982 (Act 14/1982).

2. We have heard learned counsel for petitioner and learned

Additional Public Prosecutor for respondents.

3. We find on perusal of the record and on hearing the submissions

on either side that the impugned order cannot be sustained since the

special report sent by the sponsoring authority is undated. The detention

order has been passed on the report of the sponsoring authority. The

compelling necessity to detain the detenu would depend on the date on

which the sponsoring authority has sent his report. In the absence of the

https://www.mhc.tn.gov.in/judis

said date, the special report would become irrelevant and the compelling

necessity to detain the detenu becomes doubtful.

4. Further in 'Rekha Vs. State of Tamil Nadu through Secretary to

Government and another' reported in '2011 [5] SCC 244', the Hon’ble

Supreme Court had held that where the detention order is passed on any

irrelevant material, then, the detention order is liable to be quashed.

Therefore, we are of the view that for the aforesaid reason the impugned

detention order is liable to be set aside.

5. In light of the aforesaid discussion, this Habeas Corpus Petition

is allowed and the Detention Order passed by the second respondent in

No.125/TNPD/APC/2025 dated 14.08.2025 is set aside.

6. The detenu, viz., Prakashraj @ Prakash, S/o. Mahendran, aged

26 years, who is now confined in Central Prison, Puzhal, Chennai, is

hereby directed to be set at liberty forthwith unless his presence is

required in connection with any other case.

                                                                        [A.S.M, J.]        [S.M, J.]
                                                                                 20.04.2026
                     Index:Yes/No
                     Neutral Citation:Yes/No
                     ssm/ars

                     Note : Issue Today

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To

1.The Secretary to Govt., Home, Prohibition and Excise Department, Government of Tamil Nadu Fort St.George, Chennai-600 009.

2.The Commissioner of Police, Avadi Police Commissionerate, Office of the Commissioner of Police, (Goondas Section), Vepery, Chennai – 07.

3.The Superintendent of Prison, Central Prison, Puzhal II, Chennai – 66.

4.The Inspector of Police, M-4 Redhills Police Station, Chennai – 600 052.

5.The Joint Secretary, Law and Order Department, Secretariat, Chennai

6.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis

DR. ANITA SUMANTH,J.

and SUNDER MOHAN,J.

ssm/ars

20.04.2026

https://www.mhc.tn.gov.in/judis