M.Muthumari v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH AND THE HON'BLE MR JUSTICE P.DHANABAL H.C.P.(MD)No.173 of 2026 Muthumari .. Petitioner / mother of the detenu Vs.
1.The Additional Chief Secretary to Government, Government of Tamil Nadu, Home, Prohibition and Excise Department, Chennai-600 009.
2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Madurai.
3.The Superintendent, Central Prison, Madurai.
.. 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 pertaining to the proceedings of the second respondent made in his proceedings in
B.C.D.F.G.I.S.S.S.V.No.25/2025, dated 12.04.2025 and quash the same and set the petitioner's son by name Arun Kumar @ Keeri Arun, S/o.Murugakadavul, aged about 21 years, set him at liberty from the third respondent.
For Petitioner : Mr.C.Prithiviraj For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor
ORDER
(Order of the Court was made by N. ANAND VENKATESH,J.) The petitioner is the mother of the detenu, by name, Arun Kumar @ Keeri Arun, S/o.Murugakadavul, aged about 21 years. The detenu has been detained by the second respondent by his proceedings in B.C.D.F.G.I.S.S.S.V.No.25/2025, dated 12.04.2025, 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 Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.
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 there is a delay of 27 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 order of detention in B.C.D.F.G.I.S.S.S.V.No.25/2025, dated 12.04.2025, passed by the second respondent is set aside. The detenu, viz., Arun Kumar @ Keeri Arun, S/o.Murugakadavul, aged about 21 years, is directed to be
released forthwith unless his detention is required in connection with any other case.
(N.A.V.,J..) (P.D.B.,J.,) 17.03.2026 Index : Yes / No Internet : Yes / No Indu To 1.The Additional Chief Secretary to Government, Government of Tamil Nadu, Home, Prohibition and Excise Department, Chennai-600 009.
2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Madurai.
3.The Superintendent, Central Prison, Madurai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
N. ANAND VENKATESH,J.
AND P.DHANABAL,J.
Indu H.C.P.(MD)No.173 of 2026 17.03.2026