Parimala v. The Secretary to the Government,

ORDER (Order of the Court was made by Sunder Mohan J.) The mother of the detenu – D.Vinoth @ Aavi Vinoth, S/o.Durairaj, aged 39 years, has filed this petition challenging the detention order dated 13.08.2025, branding him as '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 Additional Public Prosecutor for respondents.

¶3The detention order is liable to be set aside on the sole ground that the translated copy of the Final Report at Page No.244 in Volume – I, has not been furnished to the detenu. Admittedly the detenu is acquainted only with Tamil and he had studied only upto VIII Standard. It is well settled that if the document is not furnished in the language known 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 documents in the language known to the detenu renders the detenu's detention illegal.

4.Accordingly, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in Detention Order in C.No.135/G/IS/2025 dated 13.08.2025 is set aside.

¶5The detenu, viz., D.Vinoth @ Aavi Vinoth,, S/o.Durairaj, aged 39 years now confined in Central Prison, Coimbatore, 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.) 27-04-2026 Index: Yes/No Speaking/Non-speaking order Note: Issue order copy on 28.04.2026. dk To

¶1The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9.

¶2The Commissioner of Police, Coimbatore City, Coimbatore.

¶3The Superintendent, Central Prison, Coimbatore.

¶4The Inspector of Police, D-1, Ramanathapuram Police Station, Coimbatore City.

¶5The Public Prosecutor, High Court, Madras.

DR.ANITA SUMANTH, J. AND

SUNDER MOHAN, J. dk HCP No. 518 of 2026 27-04-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-04-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 518 of 2026 Parimala ...Petitioner/mother of the detenu Vs 1. The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 9. 2. The Commissioner of Police, Coimbatore City, Coimbatore. 3. The Superintendent, Central Prison, Coimbatore. 4. The Inspector of Police, D-1, Ramanathapuram Police Station, Coimbatore City. ...Respondents Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records in C.No.135/G/IS/2025 on the file of the second respondent, quash the detention order dated 13.08.2025 and direct the production of the detenu Vinoth @ Aavi Vinoth son of Durairaj presently detained as a Goonda at the Central Prison, Coimbatore, under the Tamil Nadu Act 14 of 1982 before this Court and set him at liberty. For Petitioner : Mr.H.Rajasekar For Respondent(s): Mr.R.Muniyapparaj, Additional Public Prosecutor, Assisted By Mr. M.Sylvester John Advocate