S.Ganapathi Kala v. The State Of Tamil Nadu

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 S.Ganapathi Kala ... Petitioner/Wife 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 Commissioner of Police, Tirunelveli City, 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 No.45/BCDFGISSS/2025, dated 04.06.2025, on the file of the second respondent herein to quash the same and direct the respondents to produce the detenu or body of the detenu namely the petitioner's husband I.e., Suresh, aged about 39 years, S/o.Shanmugasundaram, 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 wife of the detenu viz., Suresh, son of Shanmugasundaram, aged about 39 years. The detenu has been detained by the second respondent by his order in No.45/BCDFGISSSV/2025, dated 04.06.2025, holding him to be a "Drug Offender", as contemplated under Section 2(e) 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 detained under Act, 14 of 1982 by an order dated 04.06.2025 and it was sent to the Government for approval only on 09.06.2025.

4. On perusal of the records and also the submission made by the learned Additional Public Prosecutor revealed that though the order of detention was sent to the Government on 09.06.2025 in the midway, there were two holidays, therefore, within three working days, the detention order was sent to the Government for approval. 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 Commissioner of Police, Tirunelveli City, 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