HCP(MD)No. 1535 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025 CORAM: THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA HABEAS CORPUS PETITION(MD)No.1535 of 2024 Sambooranam ... Petitioner vs. 1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Secretariat, Chennai -600 009. 2. The District Magistrate / District Collector, Detaining Authority, Karur, Karur District. 3.The Superintendent of Prison /Jailor, Central Jail, Tirunelveli. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to produce the body of petitioner's husband who is the detenu by name Selvaraj, Son of Chellamuthu, aged about 49 years before this Court, by calling for the records pertaining to the detention order, dated 15.11.2024 made in Cr.M.P.No.42/2024 on the file of the 2nd respondent, quash the same and set him at liberty. Page No.1 of 6 https://www.mhc.tn.gov.in/judis HCP(MD)No. 1535 of 2024 For Petitioner : Dr.R. Alagumani for Mr.J. Senthil Kumaraiah For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor O R D E R [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The petitioner is the wife of the detenu viz., Selvaraj, Son of Chellamuthu, aged about 49 years. The detenu has been detained by the second respondent by his order in Cr.M.P.No.42/2024, dated 15.11.2024, holding him to be a "Sand offender", as contemplated under Section 2(gg) 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. Though several points have been raised by the learned counsel for the petitioner, it is stated that there is variation in English Detention Order and Page No.2 of 6 https://www.mhc.tn.gov.in/judis HCP(MD)No. 1535 of 2024 Tamil Detention order. In the Tamil version at Page No.14 it has been stated as “Nkw;$wpa ,th; nghJ xOq;Fg; guhkhpg;gpw;F ghjfkhd eltbf;iffspy; <Lgl;Ls;shh; vd;gJ njhpa te;Js;sJ. ,J gw;wpa tpguq;fs; jLg;Gf;fhty; Mizf;fhd fhuzq;fspy; tphpthff; nfhLf;fg; gl;Ls;sJ”> whereas in the English version at page No.16 in paragraph No. 2 it is stated as “whereas, the aforesaid individual is found indulging in activities prejudicial to the maintenance of public order and public health. The details of which are set out in the grounds of detention”. This aspect shows that the order has been passed by the detaining authority without proper application of mind and thereby, the detention order suffers on account of non- application of mind and thereby, liable to be set aside. 4. The learned Additional Public Prosecutor fairly submitted that there is variation in English Detention Order and Tamil Detention order. 5. On a perusal of the Booklet, it is found that there is variation in the English Detention Order and Tamil Detention order. This shows that the detaining authority has passed the order without proper application of mind. 6. In the result, the Habeas Corpus Petition is allowed and the order Page No.3 of 6 https://www.mhc.tn.gov.in/judis HCP(MD)No. 1535 of 2024 of detention in Cr.M.P.No.42/2024, dated 15.11.2024 passed by the second respondent is set aside. The detenu, viz., Selvaraj, Son of Chellamuthu, aged about 49 years, is directed to be released forthwith unless his detention is required in connection with any other case. [A.D.J.C., J.] [R.P., J.] 04.08.2025 Index : Yes / No Neutral Citation : Yes / No trp To: 1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Secretariat, Chennai -600 009. 2. The District Magistrate / District Collector, Detaining Authority, Karur, Karur District. 3.The Superintendent of Prison /Jailor, Central Jail, Tirunelveli. 4. The Additional Public Prosecutor, Madurai Bench of Madars High Court, Madurai. Page No.4 of 6 https://www.mhc.tn.gov.in/judis HCP(MD)No. 1535 of 2024 A.D.JAGADISH CHANDIRA, J. AND R.POORNIMA, J. trp ORDER MADE IN HCP(MD)No. 1535 of 2024 Page No.5 of 6 https://www.mhc.tn.gov.in/judis HCP(MD)No. 1535 of 2024 DATED : 04.08.2025 Page No.6 of 6 https://www.mhc.tn.gov.in/judis