K.Selvi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2025
CORAM:
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA K.Selvi ... Petitioner -vs1.State of Tamil Nadu Rep. by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.
2.The Commissioner of Police, Tirunelveli City, Tirunelveli.
3.The Superintendent of Prison, Central Prison, Vellore, Vellore District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, calling for the entire records
connected with the detention order passed in No.8/BCDFGISSSV/2025, dated 20.01.2025 on the file of the second respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely the petitioner's son I.e., Parvathi Kannan, aged about 21 years, S/o.Kallathiyan, now detained at the Central Prison, Vellore, before this Court and set him at liberty forthwith. For Petitioner :
Mr.V.Kathirvelu Senior Counsel for Mr.N.Pragalathan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor
O R D E R
(Order of the Court was made by G.K. ILANTHIRAIYAN,J.) The petitioner is the mother of the detenu viz., Parvathi Kannan, son of Kallathiyan, aged about 21 years. The detenu has been detained by the second respondent by his order in No. 8/BCDFGISSSV/2025, dated 20.01.2025 holding him to be a "Goonda", as contemplated under Section 2(f) of 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 Additional Public Prosecutor appearing for the
respondents. We have also perused the records produced by the Detaining Authority.
3. The learned Senior Counsel appearing for the petitioner would submit that the order of detention was passed on 20.01.2025. However, the detention order was sent to the Government for approval only on 23.01.2025. In this regard, he relied on Section 3(3) of the Tamil Nadu Goondas Act, 14 of 1982. Accordingly, the detaining authority has to send the order of detention for approval to the government forthwith.
4. It is relevant to extract the Section 3(3) of the Tamil Nadu Act 14 of 1982:- "3(3) When any order is made under this section by an officer mentioned in sub-section (2), he shall forthwith report the fact to the State Government together with the grounds on which the order has been made and such other particulars as, in his opinion, have a bearing on the matter, and no such order shall remain in force for more than twelve days after the making thereof, unless, in the meantime, it has been approved by the State Government."
5. It is seen from the records that in this case, the order of detention was passed on 20.01.2025 and the same was sent to the Government only on 23.01.2025. The date of detention order 20.01.2025 is falls on Monday, however, the detaining authority had taken three days time for sending the same to the Government for approval. On this sole ground alone the order of detention cannot be sustained and the same is liable to be quashed.
6. In the result, the Habeas Corpus Petition is allowed and the order of detention in No.8/BCDFGISSSV/2025, dated 20.01.2025, passed by the second respondent is set aside. The detenu, viz., Parvathi Kannan, son of Kallathiyan, aged about 21 years, is directed to be released forthwith unless his detention is required in connection with any other case.
7. It is also made clear that the petitioner had murdered the person, who was proceeding to Court to recall the NBW. Further, it is a
case of retaliation murder. Hence, if any bail application filed by the detenu, the trial Court is directed to dispose the bail application on its own merits and in accordance with law, without influencing any of the observation made by this Court.
[G.K.I., J.] [R.P., J.] 09.12.2025 am NCC :Yes/No Index: Yes/No Internet: Yes/No
To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.
2.The Commissioner of Police, Tirunelveli City, Tirunelveli.
3.The Superintendent of Prison, Central Prison, Vellore, Vellore District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
G.K. ILANTHIRAIYAN,J.
AND R. POORNIMA,J.
am 09.12.2025