2026:MHC:2799 HCP No. 2655 of 2025 __________ IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 2655 of 2025 Kamatchi W/o Annanthraj, No.5/365/3 Thenpathi, Vilunnthamavadi Post, Kilvelure Taluk, Nagapattinam District. ..Petitioner(s) Vs 1. The Additional Chief Secretary to the Government, Home, Prohibition and Excise (XVI) Department, Secretariat, Chennai. 2. The District Collector and District Magistrate, Nagapattinam District. 3. The Superintendent of Police, Nagapattinam District. 4. The Superintendent of Prison Central Prison Puzhal - II, Chennai. 5. The Circle Inspector Of Police Keezhaiyur Circle, Nagapattinam. ..Respondent(s) Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus or any other writ or direction calling for the entire records connected with the detention order in C.O.C.No.41 of 2025 dated 26.11.2025 on the file of the Respondent No.2 and quash the same and direct https://www.mhc.tn.gov.in/judis 2026:MHC:2799 HCP No. 2655 of 2025 __________ the respondents to produce the person of petitioner husband one named Thiru.Anantharaj S/o.Manikkam, aged about 53 years now confined at Central Prison, Cuddalore before this Honourable Court and set him at liberty. For Petitioner(s): Mr.P.Muthamizhselvakumar For Respondent(s): Mr C.R.Malarvannan, Counsel For Government Of Tamil Nadu (Criminal Side) Order (Order of the Court was made by Dr.Anita Sumanth J.) The wife of one Anantharaj (detenu), S/o.Manikkam, who was detained as a ‘Goonda’ under Section 2(f) of the Tamil Nadu Act 14 of 1982 (in short ‘Act’) has approached this Court challenging the order of detention dated 26.11.2025. 2. We have heard Mr.P.Muthamizhselvakumar, learned counsel for petitioner and Mr.C.R.Malarvannan, learned Counsel for Government of Tamil Nadu (Criminal Side) for respondents and have also perused the booklet carefully. 3. The main ground urged by petitioner is that the detenu has been unduly prejudiced by the non-translation of some of the documents in the booklet as a result that he is unable to put forth an effective defence before the authorities. 4. It is true that some of the documents have not been translated, for https://www.mhc.tn.gov.in/judis 2026:MHC:2799 HCP No. 2655 of 2025 __________ instance, the document in HS No. 01/17 dt.02.01.2017, Keelaiyur PS and the Government Order on the basis of the detaining authority have assumed jurisdiction. 5. In this regard, we may refer to the judgment of the Hon’ble Supreme Court in the case of Powanammal Vs. State of Tamil Nadu reported in [(1999) 2 SCC 413] wherein the relevant observations are : “8.The law relating to preventive detention has been crystallized and the principles are well neigh settled. The amplitude of the safeguard embodied in Art. 22(5) extends not merely to oral explanation of the grounds of detention and the material in support thereof in the language understood by the detenue but also to supplying their translation in script or language which is understandable to the detenue. Failure to do so would amount to denial of the right of being communicated the grounds and of being afforded the opportunity of making a representation against the order. (See Hadibandhu Das v. District Magistrate, Cuttack & Anr., [1969] 1 SCR 227). 9. However, this Court has maintained a distinction between a document which has been relied upon by the detaining authority in the grounds of detention and a document which finds a mere reference in the grounds of detention. Whereas the non-supply of a copy of the document relied upon in the grounds of detention has been held to be fatal to continued detention, the detenu need not show that any prejudice is caused to him. This is because the non-supply of such a document would amount to denial of the right of being communicated the grounds and of being afforded the opportunity of making an effective representation against the order. But it would not be so where the document merely finds a reference in the order of detention or among the grounds thereof. In such a case, the detenu's complaint of non-supply of document has to be supported by prejudice caused to him in making an effective representation. What applies to a document would equally apply to furnishing a translated copy of the https://www.mhc.tn.gov.in/judis 2026:MHC:2799 HCP No. 2655 of 2025 __________ document in the language known to and understood by the detenu, should the document be in a different language.” 6. That apart, the basis of the grounds of detention is the power assumed by the Commissioner of Police by virtue of G.O.(D) No.284, Home, Prohibition and Excise (XVI) Department, dated 14.10.2025. However, as the translated version of the G.O. has not been furnished to the detenu, the detenu will be at a loss to comprehend as to what the basis of assumption of jurisdiction is and would be denied of the opportunity of challenging the same. In our view, this is a fatal flaw. 7. Hence, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in C.O.C.No.41/2025 dated 26.11.2025 is set aside. 8. The detenu, viz., Anantharaj, S/o. Manikkam, male aged 53 years, now confined in Central Prison, Cuddalore, 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.) 15-07-2026 Index: Yes/No Speaking order Neutral Citation: Yes SSM Note to Registry : Issue Today To 1. Additional Chief Secretary to the Government, Home, Prohibition and Excise (XVI) https://www.mhc.tn.gov.in/judis 2026:MHC:2799 HCP No. 2655 of 2025 __________ Department, Secretariat, Chennai. 2. The District Collector and District Magistrate Nagapattinam District. 3. The Superintendent of Police Nagapattinam District. 4. The Superintendent of Prison Central Prison Puzhal - II, Chennai. 5. The Circle Inspector Of Police Keezhaiyur Circle, Nagapattinam. 6. The Public Prosecutor, High Court of Madras. 7. The Joint Secretary to Government, Public (Law and Order), Secretariat, Fort.St.George, Chennai -9. https://www.mhc.tn.gov.in/judis 2026:MHC:2799 HCP No. 2655 of 2025 __________ DR.ANITA SUMANTH J. AND SUNDER MOHAN J. SSM HCP No. 2655 of 2025 15-07-2026 https://www.mhc.tn.gov.in/judis