Palanivel v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.12.2025

CORAM:

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA Palanivel ... Petitioner -vs1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat Chennai-600 009.

2.The District Magistrate and District Collector Karur District Karur 3.The Superintendent of Prison, Central Prison, Tiruchirapalli ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents to produce the body of detenu namely Jayasurya, S/o.Palanivel aged about 20 years before this Court who is now detained in the Central Prison,

Tiruchirapalli in pursuant to the detention order passed by the second respondent in Cr.MP No. 20 of 2025 dated 05.05.2025 to call for the records and quash the same and release the detenue at liberty forthwith For Petitioner :

Mr.S.Muthukrishnan 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., Jayasurya, S/o.Palanivel aged about 20 years . The detenu has been detained by the second respondent by his order in Cr.M.P.No.20 of 2025, dated 05.05.2025 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 detenue was arrested and remanded to judicial custody on 08.04.2025 in pursuance to the registration of the First Information Report in Crime No. 36 of 2025 for the offences under Sections 311 of BNS. The detenu was detained by and detention order dated 05.05.2025. The detention order and other documents were sent by the detaining authority to the Government on 09.05.2025 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 05.05.2025 and the same was sent to the Government only on 09.05.2025. The date of detention order 05.05.2025 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 Cr.M.P.No.20 of 2025, dated 05.05.2025 , passed by the second respondent is set aside. The detenu, viz., Jayasurya,

S/o.Palanivel aged about 20 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.] 17.12.2025 NCC :Yes/No Index: Yes/No Internet: Yes/No aav To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat Chennai-600 009.

2.The District Magistrate and District Collector Karur District Karur 3.The Superintendent of Prison, Central Prison, Tiruchirapalli 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

G.K. ILANTHIRAIYAN,J.

AND R. POORNIMA,J.

aav 17.12.2025