Santhiya v. The Secretary to the Government

ORDER (Order of the Court was made by Sunder Mohan J.) The wife of the detenu – Marimuthu @ Mari, aged 32 years, S/o.Gopal, has filed this petition challenging the detention order dated

30.11.2025, 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 the petitioner and learned counsel for Government of Tamil Nadu (Criminal Side) for the respondents.

¶3The detention order is liable to be quashed for more than one reason. Firstly, we find that the continued detention is illegal as the detenu has been deprived of his right to make effective representation, since pages 77, 78 and 126 of Volume-II of the booklet supplied to the detenu are illegible. It is needless to say that furnishing of an illegible copy amounts to non-supply of the document.

4.Secondly, it is seen that the translated copy of the Case Diary that has been relied upon by the detaining authority has not been furnished to the detenu. Admittedly, the detenu is acquainted only with Tamil. It is well settled that if the relied upon documents are 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 relevant documents in the language known to the detenu renders the detenu's detention illegal.

¶5In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in Rc.No.C2/56/2025 dated 30.11.2025 is set aside.

¶6The detenu, viz., Marimuthu @ Mari, aged 32 years, S/o.Gopal, 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.) 08-07-2026 Index: Yes/No Speaking/Non-speaking order Note: Issue Order copy today. TSG To

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

¶2The District Collector and District Magistrate of Villupuram District, Villupuram.

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

¶4The Superintendent of Prison Central Prison, Cuddalore.

¶5The Inspector of Police Tiruvennainallur Police Station, Villlupuram District.

¶6The Joint Secretary, Law and Order Department, Secretariat, Chennai – 600 009.

¶7The Public Prosecutor, High Court of Madras.

DR.ANITA SUMANTH, J. AND

SUNDER MOHAN, J. TSG 08-07-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Santhiya ..Petitioner(s) Vs 1. The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009. 2. The District Collector and District Magistrate of Villupuram District, Villupuram. 3. The Superintendent of Police, Villupuram District, Villupuram. 4. The Superintendent of Prison, Central Prison, Cuddalore. 5. The Inspector of Police, Tiruvennainallur Police Station, Villupuram 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 30.11.2025 in Rc.No.C2/56/2025 against the petitioner's husband Marimuthu @ Mari, Male aged 32 years S/o Gopal, who is confined at Central Prison, Cuddalore and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty. For Petitioner(s): Mr.D.Balaji For Respondent(s): Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side)