- Court
- High Court of Madras
- Decided
- 3 June 2026
- Bench
- Anita Sumanth, Sunder Mohan
- Case no.
- HCP 2384/2025
Judgment
ORDER (Order of the Court was made by Sunder Mohan J.) The mother of detenu - Thirunavukarasu, S/o. Krishnamoorthi, aged 42 years, has filed this petition challenging the detention order dated
16.09.2025, 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 (Criminal Side) for respondents.
¶3In this case, the detention order was passed on 16.09.2025 and served on the same day. However, we find that the booklet containing the documents relied upon by the detaining authority was furnished only on 23.09.2025, which is beyond the statutory limit of five days from the date of the detention order. Section 8 of Act 14/1982 mandates that the grounds of detention have to be furnished within five days from the date of detention. It is well settled that the grounds of detention includes all relevant documents, relied upon by the detaining authority.
¶4Therefore, in view of the statutory violation, the impugned detention order is liable to be set aside, as further detention of the detenu becomes illegal.
¶5In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in C3/D.O./101/2025 dated 16.09.2025 is set aside.
¶6The detenu, viz., Thirunavukarasu, S/o. Krishnamoorthi, aged 42 years, who is now confined in Central Prison, Cuddalore, 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.) 03-06-2026 Index: Yes/No Speaking/Non-speaking order Issue order copy today. ars To
¶1The Secretary to the Government Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.
¶2District Collector and District Magistrate of Cuddalore District, Cuddalore
¶3The Superintendent of Police Cuddalore District, Cuddalore
¶4The Superintendent of Prison Central Prison, Cuddalore
¶5The Inspector of Police Kullanchavadi Police Station, Cuddalore District.
¶6The Joint Secretary, Law and Order Department, Secretariat, Chennai.
¶7The Public Prosecutor, High Court, Madras. HCPoNo.o2384oofo2025 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. ars HCPoNo.o2384oofo2025 03-06-2026 Pageo5oofo5
Case details
Parties and counsel
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-06-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Ravanammal ..Petitioner(s) Vs 1. The Secretary to the Government Home, Prohibition and Excise Department, Secretariat, Chennai-600 009. 2. District Collector and District Magistrate of Cuddalore District, Cuddalore 3. The Superintendent of Police Cuddalore District, Cuddalore 4. The Superintendent of Prison Central Prison, Cuddalore 5. The Inspector of Police Kullanchavadi Police Station, Cuddalore District. ..Respondent(s) Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records in connection with the order of detention passed by the second respondent dated 16.09.2025 in C3/D.O./101/2025 against the petitioner's son Thirunavukarsu, male aged 42 years S/o.Krishnamoorthi, who is confined at Central Prison, Cuddalore and setaside the same and direct the respondent to produce the detenu before this Court and set him at liberty. For Petitioner(s): Mr.P.Raman For Respondent(s): Mr.C.R.Malarvannan, Counsel for Government of Tamil Nadu (Criminal Side)
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.