Vijayalakshmi v. The Secretary to the Government,

ORDER (Order of the Court was made by Sunder Mohan J.) The wife of detenu - Saravanan, S/o.Natarajan, aged 38 years, has filed this petition challenging the detention order dated 07.10.2025, branding him as a 'Goonda' under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).

¶2We have heard learned counsel for petitioner and learned counsel for Government of Tamil Nadu (Criminal Side) for respondents.

¶3In this case, the detention order was passed on 07.10.2025 and served on the next day i.e., 08.10.2025. However, we find that the booklet containing the documents relied upon by the detaining authority was furnished only on 16.10.2025, which is beyond the statutory limit of five days from the date of the detention order. Section 8 of Act 14/1982 mandates that the grounds of detention have to be furnished within five days from the date of detention. It is well settled that the grounds of detention includes all relevant documents relied upon by the detaining authority.

¶4Therefore, in view of the statutory violation, the impugned detention order is liable to be set aside, as further detention of the detenu becomes illegal.

¶5In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in C3/D.O.No.110/2025 dated 07.10.2025 is set aside.

¶6The detenu, viz., Saravanan, S/o.Natarajan, aged 38 years, who is now confined in Central Prison, Cuddalore, is hereby 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.) 23-06-2026 Index: Yes/No Speaking/Non-speaking order Issue Order Copy Today. ars To

¶1The Secretary to the Government, Home Prohibition and Excise Department, Secretariat, Chennai-600 009.

¶2District Collector and District Magistrate of Cuddalore District, Cuddalore.

¶3The Superintendent of Police, Cuddalore District, Cuddalore.

¶4The Superintendent of Prison, Central Prison, Cuddalore.

¶5The Inspector of Police, Cuddalore New Town Police Station, Cuddalore District.

¶6The Joint Secretary, Law and Order Department, Secretariat, Chennai – 600 009.

¶7The Public Prosecutor, High Court of Madras. HCPoNo.o2307oofo2025 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. ars HCPoNo.o2307oofo2025 23-06-2026 Pageo6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-06-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Vijayalakshmi W/o.Saravanan, No.29, Mullai Nagar, Kuruvinatham, Bahour Commune, Panducherry. ..Petitioner(s) Vs 1. The Secretary to the Government, Home Prohibition and Excise Department, Secretariat, Chennai-600 009. 2. District Collector and District Magistrate of Cuddalore District, Cuddalore. 3. The Superintendent of Police, Cuddalore District, Cuddalore. 4. The Superintendent of Prison, Central Prison, Cuddalore. 5. The Inspector of Police, Cuddalore New Town Police Station, Cuddalore District. ..Respondent(s) Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records in connection with the order of detention passed by the second respondent 07.10.2025 in C3/D.O./110/2025 against the petitioner's husband Saravanan, Male, aged 38 years S/o.Natarajan who is confined at Central Prison, Cuddalore, and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty. For Petitioner(s): Mr.D.Balaji For Respondent(s): Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side)