S. Nithya v. Th State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.01.2026
CORAM:
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA S.Nithya ... 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 District Magistrate and District Collector Tirunelveli District Tirunelveli 3.The Superintendent of Prison, Central Prison, Palayamkottaim Tirunelveli ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, calling for the entire rcords connected with the detention order passed in M.H.S.Confdl.No.57 of
2025 dated 21.05.2025 on the file of the second respondent herein and quash the same and direct the respondents to produce the detene or body of the detenu namely the petitioner's husband ie., Sudalaikannu @ Sudalaimani aged about 29 years, S/o. Murugan now detained at Central Prison, Palayamkottai before this Court and set him at liberty forthwith For Petitioner :
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 wife of the detenu viz., Sudalaikannu @ Sudalaimani aged about 29 years, S/o. Murugan . The detenu has been detained by the second respondent by his order in Detention order M.H.S.Confdl.No.57 of 2025 dated 21.05.2025 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 counsel appearing for the petitioner raised a ground that the detenu was arrested and remanded to judicial custody on 24.04.2025 in pursuance to the registration of the First Information Report in Crime No. 382 of 2025 for the offences under Sections 296(b), 308(4),351(3) of BNS. The detenu was detained by and detention order dated 21.05.2025. The detention order and other documents were sent by the detaining authority to the Government on 26.05.2025 and as such there was a delay of four days in sending the order of detention. 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 21.05.2025 and the same was sent to the Government only on 26.05.2025. The date of detention order 21.05.2025 however, the detaining authority had taken four 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 Detention order in M.H.S.Confdl.No.57 of 2025 dated 21.05.202, passed by the second respondent is set aside. The detenu, viz., Sudalaikannu @ Sudalaimani aged about 29 years, S/o. Murugan , is directed to be released forthwith unless his detention is required in connection with any other case.
[G.K.I., J.] [R.P., J.] 07.01.2026 NCC :Yes/No Index: Yes/No Internet: Yes/No aav To 1.The Additional Chief Secretary to Government, State of Tamil Nadu Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.
2.The District Magistrate and District Collector Tirunelveli District Tirunelveli
3.The Superintendent of Prison, Central Prison, Palayamkottaim Tirunelveli 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
G.K. ILANTHIRAIYAN,J.
AND R. POORNIMA,J.
aav 07.01.2026