[Cites 1, Cited by 0]
Madras High Court
Parvathi (F/40 Years) vs State Of Tamil Nadu Rep. By on 13 March, 2026
Author: Anita Sumanth
Bench: Anita Sumanth
2026:MHC:1060
H.C.P.No.2274 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2026
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
and
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
H.C.P.No. 2274 of 2025
Parvathi (F/40 Years),
W/o. Mariyappan
Rajagopalapuram, 3rd Street,
Pudukkopttai District.
.. Petitioner
vs
State of Tamil Nadu Rep. By
1.The Secretary to the Government,
Home Prohibition and Excise Dept.,
Secretariat, Chennai 600 009.
2.The District Magistrate and District Collector,
Tiruppur District, Tiruppur.
3.The Superintendent of Police,
Tiruppur District, Tiruppur.
4.The Superintendent of Prison,
Central Prison, Coimbatore, Coimbatore District.
5.The Inspector of Police,
Perummanallur Police Station,
Tiruppur District.
.. Respondents
1/5
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H.C.P.No.2274 of 2025
Prayer : Petition filed under Article 226 of the Constitution of India
praying to issue to writ of habeas corpus to call for records pertaining to
the order of detention passed by the 2nd respondent in
Cr.M.P.No.56/Goonda/2025 dated 10.07.2025 against the petitioner’s son
Ramji, S/o. Mariyappan, male, aged 22 years, now confined in Central
Prison, Coimbatore and set aside the same and direct the respondents to
produce the detenu before this Court and set him at liberty.
For Petitioner : Ms.J.Pavadharani
For Respondents : Mr.R.Muniyapparaj
Additional Public Prosecutor
assisted by
Mr.M.Sylvester John
ORDER
(Made by SUNDER MOHAN, J.)
The mother of the detenu has challenged the detention order passed
against her son branded him as Goonda under section 2(f) of the Tamil
Nadu Preventive Detention Act, 1982 (Tamil Nadu Act 14 of 1982) (in
short ‘Act’)
2. The learned counsel for the petitioner would submit that the
impugned order of detention is liable to be quashed on the grounds that
the detaining authority has relied upon an irrelevant document, namely, a
Remand Order, pertaining to an accused by name Rakki @ Sabarinathan
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at page 155 and that the translation of the said document, which is
provided in page 156 of the booklet pertains to the detenu.
3. Heard the learned Additional Public Prosecutor.
4. It is seen that the remand order relied upon by the detaining
authority to conclude that the detenu is in custody is not that of the
detenu, and it pertains to an accused by name Sabarinathan @ Rakki. In
the translated version, the name of the detenu is found. Therefore, we are
of the view that the detaining authority has relied upon a totally irrelevant
document and the translation furnished to the detenu is incorrect, thereby
denying his right to make an effective representation. For both the
reasons, the impugned order of detention is liable to be quashed.
5. In light of the above, this Habeas Corpus Petition is allowed and
the Detention Order passed by the second respondent in
Cr.M.P.No.56/Goonda/2025, dated 10.07.2025 is hereby set aside.
7. The detenu, viz., Ramji, S/o. Mariyappan, aged 22 years, who is
now confined in Central Prison, Coimbatore, 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.]
13.03.2026
Neutral Citation:Yes/No
ssm
Note to Registry : Issue Today
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To
1.The Secretary to the Government,
Home Prohibition and Excise Dept.,
Secretariat, Chennai 600 009.
2.The District Magistrate and District Collector,
Tiruppur District, Tiruppur.
3.The Superintendent of Police,
Tiruppur District, Tiruppur.
4.The Superintendent of Prison,
Central Prison, Coimbatore, Coimbatore District.
5.The Inspector of Police,
Perummanallur Police Station,
Tiruppur District.
6.The Joint Secretary,
Law and Order Department,
Secretariat, Chennai
7.The Public Prosecutor,
High Court, Madras.
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DR. ANITA SUMANTH,J.
and
SUNDER MOHAN,J.
ssm
13.03.2026
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