[Cites 1, Cited by 0]
Madras High Court
Surya vs State Of Tamil Nadu on 18 February, 2026
Author: G.K. Ilanthiraiyan
Bench: G.K. Ilanthiraiyan
H.C.P.(MD)No.1132 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :18.02.2026
CORAM:
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN
AND
THE HONOURABLE MS.JUSTICE R. POORNIMA
H.C.P.(MD)No.1132 of 2025
Surya ... 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 Magistrate and District Collector
Karur District
Karur
3.The Superintendent of Prison,
Central Prison,
Tiruchirapalli ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Habeas Corpus, calling for the records
relating to the impugned order of detention made in Cr.M.P.No.31 of
2025 dated 11.08.2025 on the file of the District Magistrate and District
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H.C.P.(MD)No.1132 of 2025
Collector, Karur District the second respondent herein branding the
petitioner's husband/detenu by name Kaviyarasan, S/o.Kathiravan, aged
32 years as Goonda who is now confined at Central Prison, Tiruchirapalli
and quash the impugned order of detention and set him at liberty by
producing him before this Court.
For Petitioner : Mr.G.Thalaimutharasu
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 wife of the detenu viz., Kaviyarasan,
S/o.Kathiravan, aged 32 years . The detenu has been detained by the
second respondent by his order in Detention order in Cr.M.P.No.31 of
2025 dated 11.08.2025 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
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respondents. We have also perused the records produced by the Detaining
Authority.
3. The learned counsel appearing for the petitioner submitted
that the detenu was detained by a detention order dated 11.08.2025,
however it was sent for its approval, thereby there was an explained
delay of seven days, 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 11.08.2025 and the same was sent to the
Government only on 18.08.2025. The date of detention order 11.08.2025
however, the detaining authority had taken seven 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 Cr.M.P.No.31 of 2025 dated 11.08.2025, passed
by the second respondent is set aside. The detenu, viz., Kaviyarasan,
S/o.Kathiravan, aged 32 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.]
18.02.2026
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 Magistrate and District Collector
Karur District
Karur
3.The Superintendent of Prison,
Central Prison,
Tiruchirapalli
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
18.02.2026
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