R. Santhanan Rajapandi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA HABEAS CORPUS PETITION(MD)No.811 of 2025 R.Santhana Rajapandi ... Petitioner vs.

1. State of Tamil Nadu, Rep by its Additional Chief Secretary to Government, Government of Tamil Nadu, Home, Prohibition & Excise Department, Chennai-9.

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 records pertaining to the proceedings of the 2nd respondent made in his proceedings in B.C.D.F.G.I.S.S.S.V.No.22/2025 dated 12.04.2025 and quash the same and set the petitioner's son by name Ramprakash Pandiyan S/o. Page No.1 of 6

Santhanaraja Pandi, aged about 21 years, set him at liberty from the Central Prison, Madurai.

For Petitioner : Mr.C.Prithviraj 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 father of the detenu viz., Ramprakash Pandiyan S/o. Santhana Rajapandi, aged about 21 years. The detenu has been detained by the second respondent by his order in B.C.D.F.G.I.S.S.S.V.No.22/2025 dated 12.04.2025, 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.

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3.

The learned counsel appearing for the petitioner would submit that the order of detention was passed on 12.04.2025. However, the detention order was not sent to the Government for approval within a reasonable period and it was sent to the Government only on 17.04.2025. In this regard, he relied on Section 3(3) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders and Slum- Grabbers, Act, 1982. 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 Page No.3 of 6

detention was passed on 12.04.2025 and the same was sent to the Government for approval only on 17.04.2025. The date of detention order 12.04.2025 falls on Saturday, however, the detaining authority had taken five days time for sending the same to the Government for approval which is a clear violation of Section 3(3) of the Tamil Nadu Act 14 of 1982. 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 B.C.D.F.G.I.S.S.S.V.No.22/2025 dated 12.04.2025, passed by the second respondent is set aside. The detenu, viz., Ramprakash Pandiyan S/o. Santhana Rajapandi, aged about 21 years, is directed to be released forthwith unless his detention is required in connection with any other case.

[G.K.I., J.] [R.P., J.] 15.12.2025 Index : Yes / No bala To:

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1. The Additional Chief Secretary to Government, Government of Tamil Nadu, Home, Prohibition & Excise Department, Chennai-9.

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.

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G.K.ILANTHIRAIYAN, J.

AND R.POORNIMA, J.

bala ORDER MADE IN DATED : 15.12.2025 Page No.6 of 6