S.Southa v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-06-2026
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN S.Southa W/o.Sekar, No.4/73, Mangalakottai Colony, Veppilai Muthampatti, Dharmapuri - 635 301.
...Petitioner
Vs
1. The Secretary to Government, Home, Prohibition and Excise (XVI) Department, Secretariate, Chennai - 600 009.
2. The Commissioner of Police/Detaining Authority, Office of Commissioner of Police,
3. The Superintendent, Central Prison, Coimbatore.
4. The Inspector of Police, E-1 Singanallur Police Station,
...Respondents
Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records relating to the detention order passed by the 2nd respondent in C.No.147/G/IS/2025 dated 25.08.2025 and quash the same and direct the respondents to produce the body of the detenue Mr.S.Vasanthavallavan, S/o.Sekar aged about 23 years, now detained at Central Prison, Coimbatore, before this Court and set him at liberty.
For Petitioner :
Mr.K.Prabhakaran For Respondents :
Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side)
ORDER
(Order of the Court was made by Sunder Mohan J.) The mother of the detenu, viz., S.Vasanthavallavan, aged 23 years, S/o.Sekar, has filed this petition challenging the detention order dated 25.08.2025, branding him as a 'GOONDA' under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).
2. We have heard learned counsel for the petitioner and learned counsel for Government of Tamil Nadu (Crl.Side) for the respondents.
3. From the submissions and perusal of the records, it is seen that the translated copy of the final report 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.
4.Accordingly, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in Detention Order in C.No.147/G/IS/2025 dated 25.08.2025 is set aside.
5. The detenu, viz., S.Vasanthavallavan, aged 23 years, S/o.Sekar, 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.) 16-06-2026 Index: Yes/No Speaking/Non-speaking order Note: Issue Order copy today.
dk
To
1. The Secretary to Government, Home, Prohibition and Excise (XVI) Department, Secretariate, Chennai - 600 009.
2. The Commissioner of Police/ Detaining Authority Office of Commissioner of Police,
3. The Superintendent, Central Prison, Coimbatore.
4. The Inspector of Police, E-1 Singanallur Police Station, 5.The Joint Secretary, Law and Order Department, Secretariat, Chennai - 600 009.
6. The Public Prosecutor, High Court of Madras.
DR.ANITA SUMANTH, J.
AND SUNDER MOHAN, J.
dk HCP No. 2195 of 2025 16-06-2026