Sumathi v. State of Tamil Nadu Represented by Secretary to Government

Order (Order of the Court was made by Dr.Anita Sumanth J.) The mother of the detenu viz., Ganesh, S/o.Chelladurai, male, aged 23 years, who has been branded as Goonda under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act), has filed this habeas corpus petition challenging detention order dated 31.10.2025.

¶2We have heard Mr.Karthick.S, learned counsel for petitioner and Mr.C.R.Malarvannan, learned Counsel for Government of Tamil Nadu (Criminal Side) for respondents.

¶3The detenu had been detained under order dated 31.10.2025 and learned counsel for petitioner would draw our attention to the fact that G.O. has not been given to the detenu though referred to in the detention order.

¶4The basis of the grounds of detention is the power assumed by the Commissioner of Police by virtue of G.O.(D) No.261, Home, Prohibition and Excise (XVI) Department, dated 14.10.2025. Hence it is incumbent on the authority to supply a copy of the Government Order to the detenu as he must be aware of the basis upon which the authority has assumed the jurisdiction to pass the detention order. In its absence, the detenu will be at a loss as to what such basis is, and would be denied of the opportunity of challenging the basis of assumption of power.

¶5In light of the above, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.885/BBCDEFGISSSV/2025 dated 31.10.2025 is set aside.

¶6The detenu, viz., Ganesh, S/o. Chelladurai, aged 23 years, now confined in Central Prison, Puzhal, Chennai is 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.) 07-07-2026 Index: Yes/No Speaking order SSM Note to Registry : Issue Today To

¶1State of Tamil Nadu Represented by Secretary to Government Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

¶2The Commissioner of Police Greater Chennai.

¶3The Superintendent of Prison Central Prison, Puzhal,

¶4State by The Inspector of Police Virugambakkam Police Station,

¶5The Joint Secretary to Government Public (Law and Order), Fort St.George, Chennai – 9.

¶6The Public Prosecutor, High Court, Madras. DR.ANITA SUMANTH J. AND SUNDER MOHAN J. SSM 07-07-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Sumathi S/o.Selladurai, No. 14/29, Sanmugasundaram Street, Saligramam, ..Petitioner(s) Vs 1. State of Tamil Nadu Represented by Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009. 2. The Commissioner of Police, Greater Chennai. 3. The Superintendent of Prison, Central Prison Puzhal, 4. State Rep by Inspector of Police Virugambakkam Police Station, ..Respondent(s) Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus to call for the records of the 2nd respondent pertaining to the order made in 885/BBCDEFGISSSV/2025 dt. 31.10.2025 in detaining the detenue under the Tamilnadu Act 14/1982 as a brand of Goonda and quash the same and direct the respondents to produce the detenue, namely Ganesh S/o.Chelladurai, aged 23 years who is detained at the Central Prison Puzhal, Chennai, before this Hon'ble Court and set him at liberty. For Petitioner(s): Mr.Karthick.S For Respondent(s): Mr.C.R.Malavannan Counsel for Government of Tamil Nadu (Criminal Side)