[Cites 1, Cited by 0]
Madras High Court
M.Esakkiammal vs State Of Tamil Nadu on 24 February, 2026
Author: G.K. Ilanthiraiyan
Bench: G.K. Ilanthiraiyan
H.C.P.(MD)No.1266 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :24.02.2026
CORAM:
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN
AND
THE HONOURABLE MS.JUSTICE R. POORNIMA
H.C.P.(MD)No.1266 of 2025
M.Esakkiammal ... Petitioner
-vs-
State of Tamil Nadu
1. The Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
St. George Fort,
Chennai-600 009.
2.The District Magistrate and District Collector
Tirunelveli District
Tirunelveli
3.The Superintendent of Prison,
Central Prison,
Palayamkottai
Tirunelveli ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Habeas Corpus, calling for the entire records
connected with the detention order passed in M.H.S.Confdl. No.91 of
2025 dated 01.08.2025 on the file of the second respondent herein and
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H.C.P.(MD)No.1266 of 2025
quash the same and direct the respondents to produce the detenu or body
of the detenu namely the petitioner's son i.e., Muthu aged about 21years,
S/o. Mahesh now detained at Central Prison, Palayamkottai before this
Court and set him at liberty forthwith
For Petitioner : Mr.N.Pragalathan
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., Muthu aged
about 21years, S/o. Mahesh . The detenu has been detained by the second
respondent by his order in Detention order in M.H.S.Confdl. No.91 of
2025 dated 01.08.2025 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
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 the the detention order was passed on 01.08.2025 which was
sent to the Government for its approval only on 06.08.2025, thereby
there was an unexplained delay of five 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.”
5. It is seen from the records that in this case, the order of
detention was passed on 01.08.2025 and the same was sent to the
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Government only on 06.08.2025. The date of detention order 01.08.2025
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 M.H.S.Confdl. No.91 of 2025 dated 01.08.2025
passed by the second respondent is set aside. The detenu, viz., Muthu
aged about 21years, S/o. Mahesh , is directed to be released forthwith
unless his detention is required in connection with any other case.
[G.K.I., J.] [R.P., J.]
24.02.2026
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,
St. George Fort,
Chennai-600 009.
2.The District Magistrate and District Collector
Tirunelveli District
Tirunelveli
3.The Superintendent of Prison,
Central Prison,
Palayamkottai
Tirunelveli
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
24.02.2026
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