HCP/2271/2025 of P.SELVI Vs THE STATE OF REP BY ITS,

2026:MHC:1533 HCP No. 2271 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-04-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 2271 of 2025 P.Selvi W/o.Perumal, Rajiv Gandhi Nagar, Vallam Village, Chengalpet District. ..Petitioner(s) Vs 1. State represented by its Home Secretary to the Government of Tamilnadu, Home Prohibition and Excise Department, Fort St.George, Chennai-600 009. 2. The District Magistrate and District Collector, District Collectorate, Kallakurichi-606 202. 3. The Superintendent Of Police, Office of the Superintendent of Police, Kallakurichi, Kallakurichi District-606 202. 4. The Inspector Of Police, Sankarapuram Police Station, Kallakurichi District-606 401. 5. The Superintendent Of Prison, Central Prison, Trichy-620020. ..Respondent(s) __________ Page1 of 6 https://www.mhc.tn.gov.in/judis HCP No. 2271 of 2025 Prayer: Habeas Corpus petition filed under article 226 of Constitution of India for issuance of a Writ or Order or Direction in the nature of Writ of Habeas Corpus and call for the records in relating to the order of Detention passed by the 2 nd respondent dated 23.08.2025 in D.O.No.C2/24/2025 against the petitioner’s son the Detenu Vignesh, Male, aged about 30 years, S/o.Perumal, TPDA No.4620 who was confined at Central Prison, Cuddalore and at present transferred to the Central Prison, Trichy and now conf ined at Central Prison, Trichy and set aside the same and direct the responde nts to produce the detenue before this Honble Court and set him at liberty. For Petitioner(s): Mr.T.Perinbanathan For Respondent(s): Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John ORDER (Order of the Court was made by Dr.Anita Sumanth J.) The wife of one -Vignesh, s/o Perumal, detained under order dated 23.08.2025 and confined at Central Prison, Cuddalore, has approached this Court challenging order dated 23.08.2025 detaining him at Central Prison, Cuddalore, branded the detenu as a ‘Goonda’ under Act 14 of 1982. 2.We have heard both learned counsel for the petitioner and learned learned Additional Public Prosecutor. __________ Page2 of 6 https://www.mhc.tn.gov.in/judis HCP No. 2271 of 2025 3.We find from a perusal of the booklet, several legal flaws that ar ise in the passing of the impugned detention order. The first is that the arre st intimation has not been translated to Tamil. Seeing as learned Additional Public Prosecutor would accede to the position that the detenu is conversant onl y in Tamil, it is necessary that the arrest intimation ought to have be en supplied to him in a language that he comprehends in order that he may put forth a valid defence. This is a first flaw. 4.That apart, though the grounds of detention have been supplied to the petitioner on 24.08.2025, the date after the detention, the booklet containing the supporting documents have, admittedly been supplied to the petitioner onl y on 01.09.2025. Section 8 of Act 14 of 1982 stipulates that the grounds of detention have to be served on the detenu not later than 5 days from detention. 5.Evidently, the grounds would have to accompany the supporting material on the basis of which the order of detention has been passed, to enable the detenu to put up an effective defence and make a representat ion before the authorities challenging the order of detention. Grounds of detention without the supporting material is akin to a structure without a foundation, and the two go hand in hand. 6.In light of the aforesaid discussion, we are of the considered view tha t the admitted delay in supplying the booklet containing the supporting mate rials __________ Page3 of 6 https://www.mhc.tn.gov.in/judis HCP No. 2271 of 2025 to the detenu, beyond the period of 5 days stipulated in the Act is f atal to the order of detention, and we hence set aside the same. 7.In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in D.O.No.C2/24/2025, dated 23.08.2025, is set aside. 8.The detenu, viz., Vignesh S/o. Perumal, aged 30 years, now confined in Central Prison, Trichy, is directed to be set at liberty forthwith unless his presence is required in connection with any other case. (A.S.M.,J.) (S.M.,J.) 20-04-2026 vs Index: Yes/No Speaking order Neutral Citation: Yes Note to Registry: Issue Today. To 1. The Home Secretary to the Government of Tamilnadu, Home Prohibition and Excise Department, Fort St.George, Chennai-600 009. 2. The District Magistrate and District Collector, District Collectorate, Kallakurichi-606 202. 3. The Superintendent Of Police, Office of the Superintendent of Police, Kallakurichi, Kallakurichi District-606 202. __________ Page4 of 6 https://www.mhc.tn.gov.in/judis HCP No. 2271 of 2025 4. The Inspector Of Police, Sankarapuram Police Station, Kallakurichi District-606 401. 5. The Superintendent Of Prison, Central Prison, Trichy-620020. 6. The Public Prosecutor, High Court of Madras. 7. The Joint Secretary to Government, Public (Law and Order), Secretariat, Fort.St.George, Chennai -9. __________ Page5 of 6 https://www.mhc.tn.gov.in/judis HCP No. 2271 of 2025 DR.ANITA SUMANTH J. AND SUNDER MOHAN J. vs HCP No. 2271 of 2025 20-04-2026 __________ Page6 of 6 https://www.mhc.tn.gov.in/judis