Mayor Muthu @ Muthu v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10/06/2026
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN Mayor Muthu @ Muthu, ... Petitioners Vs
1. The State of Tamil Nadu, Rep By, The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai -9..
2. The District Magistrate And District Collector, O/o.The District Magistrate and District Collector, Dindigul District..
3. The Superintendent of Prison, Madurai Central Prison, Madurai District..
... Respondents PRAYER :- Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, to call for the entire records connected with the detention order of the respondent No.2 in Detention order No. 78/2025 (4049719/2025/C2) dated 17.12.2025 and quash the same and 1/5
direct the respondents to produce the detenu by name Mayor Muthu @ Muthu, S/o.Murugesan, aged about 31 years, now confining at Madurai Central Prison before this Court and set him at liberty forthwith. For Petitioner : Mr. R.Alagumani, For Respondents : Mr.G.Karuppasamy Pandian, Government Advocate (Crl.Side)
ORDER
(Order of the Court was made by N. ANAND VENKATESH,J.) The petitioner is the detenu, by name, Mayor Muthu @ Muthu, S/o.Murugesan, aged about 31 years. The detenu has been detained by the second respondent by his Detention order No.78/2025 (4049719/2025/C2) dated 17.12.2025 holding him to be a "Goonda", as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.
2. We have heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents. We have also perused the records produced by the Detaining Authority.
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3. Apart from the other grounds raised by the learned counsel appearing for the petitioner, one of the main ground that was raised is that the detenu was arrested on 18.11.2025, whereas, the detention order was passed only on 17.12.2025. There is a delay of nearly 30 days in passing the detention order and this delay is totally unexplained.
4. In our considered view, the issue is squarely covered by the judgment of the Hon'ble Apex Court in the case of Sushanta Kumar Banik Vs. State of Tripura and Others reported in 2022 SCC Online SC 1333.
5. The detention order is vitiated due to the fact that there was a solitary case and the live and proximate link between the grounds of detention and the purpose of the detention is completely absent. Hence, this Court is inclined to interfere with the detained order passed by the second respondent.
6. In the result, the Habeas Corpus Petition is allowed and the Detention order No.78/2025 (4049719/2025/C2) dated 17.12.2025, 3/5
passed by the second respondent is set aside. The detenu, viz., Mayor Muthu @ Muthu, S/o.Murugesan, aged about 31 years, is directed to be released forthwith unless his detention is required in connection with any other case.
(N.A.V.,J..) (K.K.R.K.,J.,) 10.06.2026 Index : Yes / No Internet : Yes / No tta To
1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai -9..
2. The District Magistrate And District Collector, O/o.The District Magistrate and District Collector, Dindigul District..
3. The Superintendent of Prison, Madurai Central Prison, Madurai District..
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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N. ANAND VENKATESH,J.
AND K.K.RAMAKRISHNAN,J.
tta
ORDER
IN HCP(MD) No.88 of 2026 Date : 10/06/2026 5/5