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Madras High CourtHCP(MD)/1161/2025dismissed

M.Gomathi v. The State Of Tamil Nadu

2026-01-12Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2026

CORAM:

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA M.Gomathi ... Petitioner/Mother of the Detenu -vs1.State of Tamil Nadu, Rep. by its Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The District Collector and District Magistrate, Tirunelveli District, Tirunelveli.

3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, call for the entire records

connected with the detention order passed in M.H.S.Confdl.No.65/2025, dated 03.06.2025 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., Karthick alias Karuva Karthick, aged about 23 years, S/o.Murugan, now detained at the 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 mother of the detenu viz., Karthick alias Karuva Karthick, aged about 23, son of Murugan. The detenu has been detained by the second respondent by his order in M.H.S.Confdl.No. 65/2025, dated 03.06.2025, 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 for the petitioner raised the ground that the detenu was not served legible copy, which is annexed in Page 55 of the Booklet Volume-II.

4. On perusal of the records and also the submission made by the learned Additional Public Prosecutor revealed that those documents were not relied on by the detaining authority while detaining the detenu and all the documents of the Volume-II re the referred documents and as such no prejudice will be caused to the detenu while making the representation. Hence, this Court finds no infirmity or illegal in the order passed by the detaining authority and there is no reason to interfere with the order of the detention.

5. Accordingly, this Habeas Corpus Petition is dismissed. [G.K.I., J.] [R.P., J.] 12.01.2026 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 District Collector and District Magistrate, Tirunelveli District, Tirunelveli.

3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

G.K. ILANTHIRAIYAN,J.

AND R. POORNIMA,J.

am 12.01.2026