2026:MHC:2849 HCP No.2751 of 2025 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No.2751 of 2025 Prakash, S/o.Gopinath, No.57/17, 2nd Floor, Kannagi Nagar, TNSCB, Oggiam, Thuraipakkam, Chennai - 600 097. ...Petitioner/Husband of Detenu Vs 1. The State of Tamil Nadu, Rep by its Principal Secretary, Home Prohibition and Excise Department, Secretariat Complex, Chennai - 600 009. 2. The Commissioner of Police, Office of Commissioner of Police, Tambaram City - 600 045. 3. The Superintendent Special Prisons, For Women Puzhal, Chennai - 600 066. 4. The Inspector of Police, T-19 Kelambakkam Police Station, Chennai District. ...Respondents https://www.mhc.tn.gov.in/judis 2026:MHC:2849 HCP No.2751 of 2025 __________ Page2 of 6 Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records relating to the detention order in 160/BBCDEFGISSSV/2025, dated 14.11.2025 passed by the 2nd respondent under the Tamil Nadu Act 14 of 1982 and quash the same and direct the respondents to produce the Suji, aged 38 years, D/o.Ramachandran, who is presently confined in the Central Special Prison for Women Puzhal, Chennai before this Court and set her at liberty. For Petitioner: M/s.P.Santhosh For Respondents: Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side) ORDER (Order of the Court was made by Sunder Mohan J.) The detenu – R.Suji, aged 38 years, D/o.Ramachandran, has filed this petition challenging the detention order dated 14.11.2025, branding her as ‘Goonda’ under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982). 2. Heard the learned counsel for the petitioner and the learned Counsel for Government of Tamil Nadu for the respondents. https://www.mhc.tn.gov.in/judis 2026:MHC:2849 HCP No.2751 of 2025 __________ Page3 of 6 3. We find on perusal of the record and on hearing the submissions on either side, the impugned order cannot be sustained on the sole ground that the special report sent by the sponsoring authority is undated. The compelling necessity to detain the detenu would depend on the date on which the sponsoring authority has sent his report. In the absence of the said date, the special report would become irrelevant and the compelling necessity to detain the detenu becomes doubtful. 4. Further in 'Rekha Vs. State of Tamil Nadu through Secretary to Government and another' reported in '2011 [5] SCC 244', the Hon’ble Supreme Court had held that where the detention order is passed on any irrelevant material, then, the detention order is liable to be quashed. Therefore, we are of the view that for the aforesaid reason, the impugned detention order is liable to be set aside. 5. In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in BBCDEFGISSSV No.160/2025 dated 14.11.2025, is set aside. https://www.mhc.tn.gov.in/judis 2026:MHC:2849 HCP No.2751 of 2025 __________ Page4 of 6 6. The detenu, viz., R.Suji, aged 38 years, D/o.Ramachandran, who is now confined in Special Prison for Women, Puzhal, Chennai, is hereby directed to be set at liberty forthwith unless her presence is required in connection with any other case. (A.S.M.,J.) (S.M.,J.) 17-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Note: Issue order copy today. dk https://www.mhc.tn.gov.in/judis 2026:MHC:2849 HCP No.2751 of 2025 __________ Page5 of 6 To 1. The Principal Secretary, Home Prohibition and Excise Department, Secretariat Complex, Chennai - 600 009. 2. The Commissioner of Police, Office of Commissioner of Police, Tambaram City - 600 045. 3. The Superintendent Special Prisons, For Women Puzhal, Chennai - 600 066. 4. The Inspector of Police, T-19 Kelambakkam Police Station, Chennai District. 5.The Joint Secretary, Law and Order Department, Secretariat, Chennai – 600 009. 6. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis 2026:MHC:2849 HCP No.2751 of 2025 __________ Page6 of 6 DR.ANITA SUMANTH, J. AND SUNDER MOHAN, J. dk HCP No. 2751 of 2025 17-07-2026 https://www.mhc.tn.gov.in/judis