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Kathirin v. The Secretary to Government,

ALLOWED
Court
High Court of Madras
Decided
23 March 2026
Bench
Anita Sumanth, Sunder Mohan
Case no.
HCP 1904/2025

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Judgment

ORDER (Order of the Court was made by SUNDER MOHAN., J.) The wife of the detenu-Gopalakrishnan @ Nattamai, branded as 'Goonda' under Section 2(f) of the Tamil Nadu Act 14 of 1982, has filed this petition challenging the detention order dated 19.08.2025.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

3.Though several grounds have been raised by the petitioner, we find that the impugned order is liable to be set aside on the sole ground that certain vital documents namely, the accident register, which has been relied upon by the detaining authority and furnished at page 6 of the booklet has not been translated in the language known to the detenu. We also find that the said document is illegible thereby denying the detenu's valuable right to make an effective representation against the detention order.

4.In light of the above discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in Detention Order No.25/2025, dated 19.08.2025 is set aside.

5.The detenu, viz., Gopalakrishnan @ Nattamai, S/o. Loganathan, aged 28 years, now confined in Central Prison-II, Puzhal, Chennai – 600 066, 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.) 23-03-2026 vs Index: Yes/No Speaking/Non-speaking order To

¶1The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.

¶2The District Magistrate and District Collector, Tiruvallur, Tiruvallur District.

¶3The Superintendent of Police, Tiruvallur, Tiruvallur District.

¶4The Superintendent of Prison, Central Prison-II, Puzhal, Chennai District.

¶5The Inspector of Police, Thiruvalangadu Police Station, Tiruvallur District.

¶6The Joint Secretary, Law and Order Department, Secretariat, Chennai.

¶7The Public Prosecutor, High Court, Madras. DR.ANITA SUMANTH J. AND SUNDER MOHAN J. vs 23-03-2026

Case details

Parties and counsel

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-03-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Kathirin W/o.Gopalakrishnan, Perumal Kovil Street, Kumaracherri Village, Tiruvallur District. ..Petitioner(s) Vs 1. The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009. 2. The District Magistrate and District Collector, Tiruvallur, Tiruvallur District. 3. The Superintendent of Police, Tiruvallur, Tiruvallur District. 4. The Superintendent of Prison, Central Prison-II, Puzhal, Chennai District. 5. State rep. by its The Inspector of Police, Thiruvalangadu Police Station, Tiruvallur District. ..Respondent(s) Prayer: Habeas Corpus petition filed under Article 226 of Constitution of India for issuance of a Writ of Habeas Corpus or any other appropriate Writ, order or direction, in the nature of a Writ of Habeas Corpus to call for the entire records, relating to the petitioner's husband detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 19.08.2025 on the file of the second respondent herein in proceedings Detention Order No.25/2025, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's husband namely GOPALAKRISHNAN @ NATTAMAI, S/o.Loganathan, aged 28 years before this Hon'ble High Court and set the petitioner's husband at liberty from detention, now the petitioner's husband detained at Central Prison -II, Puzhal, Chennai. For Petitioner(s): MR. J. George Bennet for Ms.V.Kayalvizhi For Respondent(s): Mr. R. Muniyapparaj Additional Public Prosecutor assisted By Mr. M. Sylvester John

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.