2026:MHC:2945 HCP No. 120 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 120 of 2026 S.Nirmala C/o Saravanan, No.2/810, Dhoddapavi, VTC, Jadayampalayam, Sub District, Mettupalayam, Coimbatore-641302. ..Petitioner(s) Vs 1. State of Tamil Nadu Rep. By its Secretary to Government, Home Prohibition and Excise Department, Fort.St.George, Chennai. 2. The District Collector and District Magistrate, Office of The District Collector and District Magistrate, Coimbatore-District. 3. The Superintendent of Police, State bank Road, Gopalpuram, Coimbatore District. 4. The Superintendent of Prison, Central Prison, Coimbatore-District. 5. The Inspector Of Police, Mettupalayam Police Station, Coimbatore. ..Respondent(s) __________ https://www.mhc.tn.gov.in/judis 2026:MHC:2945 HCP No. 120 of 2026 Prayer: Habeas corpus petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus or any other appropriate Writ or Order or Direction in the nature of Writ calling for records pertaining to the detenue Saravanan s/o Annadurai male aged 33 years who is detained under Tamil Nadu Act 14 of 1982 as “GOONDA” at Central Prison, Coimbatore with 2nd respondent, herein vide order in Crl.M.P.NO.52/G/2025 dated 21.11.2025 on the file of the 4th Respondent herein and to quash the same and direct the 5th respondent herein to produce petitioner’s husband A.Saravanan s/o Annadurai, aged about 33 years and set him at liberty. For Petitioner(s): Mr.Periaswamy I. 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.) We have heard Mr.Periaswamy I, learned counsel for the petitioner and Mr.C.R.Malarvannan, learned counsel for Government of Tamil Nadu (Criminal Side), learned counsel for the respondents. 2. The wife of one Saravanan (detenu) S/o Annadurai, 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 21.11.2025. 3. It is seen from the impugned order and the grounds of detention that the detenu was arrested on 13.10.2025 and he was detained on 21.11.2025. We do not find any satisfactory explanation for the delay in passing the order of detention either in the grounds of detention or in the counter affidavit filed by __________ https://www.mhc.tn.gov.in/judis 2026:MHC:2945 HCP No. 120 of 2026 the 2nd respondent. Hence, we are of the view that the live and proximate link between grounds of detention and the purpose of detention stands snapped. 4. In Sushanta Kumar Banik Vs. State of Tripura (2022 LiveLaw (SC) 813), a similar issue arose, and the relevant discussion reads as follows: “21. It is manifestly clear from a conspectus of the above decisions of this Court, that the underlying principle is that if there is unreasonable delay between the date of the order of detention & actual arrest of the detenu and in the same manner from the date of the proposal and passing of the order of detention, such delay unless satisfactorily explained throws a considerable doubt on the genuineness of the requisite subjective satisfaction of the detaining authority in passing the detention order and consequently render the detention order bad and invalid because the “live and proximate link” between the grounds of detention and the purpose of detention is snapped in arresting the detenu. A question whether the delay is unreasonable and stands unexplained depends on the facts and circumstances of each case.” 5. Drawing inspiration from the judgment in Sushanta Kumar Banik's case, a co-ordinate Bench of this Court in the case of Gomathi Vs. Principal Secretary to Government and Others (2023 SCC OnLine Mad 6332), had held that when there is an inordinate delay between the date of arrest/date of proposal and the order of detention, the live and proximate link between them would also stand snapped and thereby, had quashed the detention order on this ground. __________ https://www.mhc.tn.gov.in/judis 2026:MHC:2945 HCP No. 120 of 2026 6. In yet another case i.e., in Nagaraj Vs. State of Tamil Nadu, ((2018) 3 MWN (Cri) 428), this Court had held that the delay of 36 days in passing the detention order after the arrest of the detenu would snap the live and proximate link between the grounds and purpose of detention. In the present case, the delay is more than a month, 40 days to be exact, and unexplained and for this reason, vitiates the order, rendering it liable to be quashed. 7. In light of the aforesaid discussion, we are of the considered view that there is neither a proximate link between the arrest (13.10.2025) and order of detention (21.11.2025), and nor is there any credible material brought on record by the detaining authority to substantiate his subjective satisfaction. 8. Hence, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in Cr.M.P.No.52/G/2025 dated 21.11.2025 is set aside. 9. The detenu, viz., Saravanan, S/o.Annadurai, male aged 33 years, who is now confined in Central Prison, Coimbatore, 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.) 21-07-2026 sl Index: Yes/No Speaking order Neutral Citation: Yes Note to Registry: Issue Today. __________ https://www.mhc.tn.gov.in/judis 2026:MHC:2945 HCP No. 120 of 2026 To 1. The Secretary to Government Home Prohibition and Excise Department, Fort.St.George, Chennai. 2. The District Collector and District Magistrate, Office of The District Collector and District Magistrate, Coimbatore-District. 3. The Superintendent of Police, State bank Road, Gopalpuram, Coimbatore District. 4. The Superintendent of Prison, Central Prison, Coimbatore-District. 5. The Inspector Of Police, Mettupalayam Police Station, Coimbatore. 6. The Public Prosecutor, High Court, 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:2945 HCP No. 120 of 2026 DR.ANITA SUMANTH J. AND SUNDER MOHAN J. SL HCP No. 120 of 2026 21-07-2026 __________ https://www.mhc.tn.gov.in/judis