Ravanammal v. Secretary To The Government

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)

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).

2. We have heard learned counsel for petitioner and learned counsel for Government of Tamil Nadu (Criminal Side) for respondents.

3. In 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.

4. Therefore, in view of the statutory violation, the impugned detention order is liable to be set aside, as further detention of the detenu becomes illegal.

5. In 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.

6. The 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

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.

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

7. The Public Prosecutor, High Court, Madras.

DR.ANITA SUMANTH, J.

AND SUNDER MOHAN, J.

ars 03-06-2026