Govindammal v. The Additional Chief Secretary to the Government

ORDER (Order of the Court was made by Sunder Mohan J.) The mother of the detenu – Sarath @ Vellai Sarath, S/o.John, aged 24 years, has filed this petition challenging the detention order dated

19.11.2025, branding him as a 'Goonda' under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).

¶2We have heard learned counsel for petitioner and learned counsel for Government of Tamil Nadu (Crl.Side) for respondents. Page3 of 6

¶3The learned counsel for the petitioner would submit that the impugned order of detention has to be set aside for the reason that the Government Order delegating the power of detention to the 2nd respondent herein has not been enclosed in the booklet provided to the detenu, thereby denying the detenu to make an effective representation against the detention order.

¶4The learned counsel for Government of Tamil Nadu (Crl.Side) for respondents, would fairly concede that the Government Order was not furnished to the detenu.

¶5It is seen from the booklet that the Government Order has not been furnished to the detenu. It is well settled that if the relied upon documents are not furnished to the detenu, his right to make effective representation would be denied. In 'Powanammal Vs. State of Tamil Nadu' reported in '(1999) 2 SCC 413', the Hon'ble Supreme Court had held that non-supply of relevant documents to the detenu renders the detention illegal.

¶6Accordingly, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in Detention Order in No.962/BBCDEFGISSSV/2025 dated 19.11.2025 is set aside. Page4 of 6

¶7The detenu, viz., Sarath @ Vellai Sarath, S/o.John, aged 24 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.) 13-07-2026 Index: Yes/No Speaking/Non-speaking order Issue order copy today. dk Page5 of 6 To

¶1The Additional Chief Secretary to the Government, Home, Prohibition and Excise (XVI) Department, Secretariat, Chennai-600 009.

¶2The Commissioner of Police Greater Chennai.

¶3The Superintendent of Prison Central Prison, Puzhal, Chennai District.

¶4The Inspector of Police E-4, Abiramapuram Police Station, Chennai District.

5.The Joint Secretary, Law and Order Department, Secretariat, Chennai – 600 009.

¶6The Public Prosecutor, High Court of Madras. HCPoNo.1049oofo2026 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. dk HCPoNo.o1049oofo2026 13-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Govindammal W/o.John, No.76C, Kabali Thottam, Canal Bank Road, Mylapore, Chennai District. ...Petitioner/Mother of the Detenue Vs 1. The Additional Chief Secretary to the Government, Home, Prohibition and Excise (XVI) Department, Secretariat, Chennai-600 009. 2. Commissioner of Police, Greater Chennai. 3. The Superintendent of Prison, Central Prison, Puzhal, Chennai District. 4. The Inspector of Police, E-4, Abiramapuram Police Station, Chennai District. ...Respondents Page2 of 6 Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the entire records connected with the Memo No.962/BBCDEFGISSSV/2025 on 19-11-2025 the file of the Respondent No.2 and Quash the same and direct the Respondents to produce the person of petitioner son one named Thiru. Sarath @ Vellai Sarath S/o. John aged about 24 years now confined at Central Prison, Puzhal before this Court and set him at liberty. For Petitioner: Mr.P.Muthamizhselvakumar For Respondents: Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side)