[Cites 1, Cited by 0]
Madras High Court
Nadiyammal vs State Of Tamil Nadu on 17 February, 2026
Author: G.K. Ilanthiraiyan
Bench: G.K. Ilanthiraiyan
H.C.P.(MD)No.1211 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :17.02.2026
CORAM:
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN
AND
THE HONOURABLE MS.JUSTICE R. POORNIMA
H.C.P.(MD)No.1211 of 2025
Nadiyammal ... Petitioner
-vs-
State of Tamil Nadu
1. The Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat,
Chennai-600 009.
2.The District Collector and District Magistrate
Tiruchirappalli District
Tiruchirappalli
3.The Superintendent of Prison
Central Prison
Tiruchirappalli ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Habeas Corpus, calling for the records
pertaining to the impugned detention order passed by the R2 made in his
proceedings in Crl.MP.No.66/2025 dt 23.07.2025 and direct the
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H.C.P.(MD)No.1211 of 2025
respondents to produce the detenue Kriti @ Kattaiyan @ Santhakumar,
S/o.Ravi, aged 21 years who is detained in Central Prison, Tiruchirapalli
before this Court and set him at liberty.
For Petitioner : Mr.K.M.Karunakaran
For Respondents : Mr.T.Senthil Kumar
Additional Public Prosecutor
ORDER
(Order of the Court was made by G.K. ILANTHIRAIYAN,J.)
The petitioner is the mother of the detenu viz., Kriti @
Kattaiyan @ Santhakumar, S/o.Ravi, aged 21 years . The detenu has been
detained by the second respondent by his order in Detention order in
Crl.MP.No.66 of 2025 dated 23.07.2025 holding him to be a
"GOONDA", as contemplated under Section 2(f) of Tamil Nadu Act 14
of 1982. The said order is under challenge in this habeas corpus petition.
2. We have heard the learned counsel appearing for the
petitioner and the learned Additional Public Prosecutor appearing for the
respondents. We have also perused the records produced by the Detaining
Authority.
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3. The learned counsel appearing for the petitioner raised a
ground that detention order dated 23.07.2025 was sent to the
Government for its approval only on 28.07.2025 hence there was an
unexplained delay of 5 days in sending the order of detention for its
approval, which is in clear violation of Section 3(3) of the Tamil Nadu
Goondas Act, 14 of 1982.
4. It is relevant to extract the Section 3(3) of the Tamil Nadu
Act 14 of 1982:-
“3(3) When any order is made under this
section by an officer mentioned in sub-section (2), he shall
forthwith report the fact to the State Government together
with the grounds on which the order has been made and
such other particulars as, in his opinion, have a bearing
on the matter, and no such order shall remain in force for
more than twelve days after the making thereof, unless, in
the meantime, it has been approved by the State
Government.”
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5. It is seen from the records that in this case, the order of
detention was passed on 23.07.2025 and the same was sent to the
Government only on 28.07.2025. The date of detention order 23.07.2025
however, the detaining authority had taken five days time for sending the
same to the Government for approval. On this sole ground alone the
order of detention cannot be sustained and the same is liable to be
quashed.
6. In the result, the Habeas Corpus Petition is allowed and
the order of detention in Crl.MP.No.66 of 2025 dated 23.07.2025, passed
by the second respondent is set aside. The detenu, viz., Kriti @
Kattaiyan @ Santhakumar, S/o.Ravi, aged 21 years , is directed to be
released forthwith unless his detention is required in connection with any
other case.
[G.K.I., J.] [R.P., J.]
17.02.2026
NCC :Yes/No
Index: Yes/No
Internet: Yes/No
aav
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To
1. The Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat,
Chennai-600 009.
2.The District Collector and District Magistrate
Tiruchirappalli District
Tiruchirappalli
3.The Superintendent of Prison
Central Prison
Tiruchirappalli
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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G.K. ILANTHIRAIYAN,J.
AND
R. POORNIMA,J.
aav
17.02.2026
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