Adhilakshmi v. The Additional Chief Secretary to the Government
HCP/471/2026 · 2026-08-19
K Rajasekar, N Sathish Kumar
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 59531 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 59531 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HCP No. 471 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND THE HON'BLE MR.JUSTICE K.RAJASEKAR HCP No. 471 of 2026 Adhilakshmi W/o Kumar, No.06, Sanjaygandhi Nagar, Perumalkaragam, Thiruverkadu, Chennai. ..Petitioner(s) Vs
1. The Additional Chief Secretary to the Government Home Prohibition and Excise Department, Secretariat, Chennai – 600009.
2. The Commissioner of Police Avadi City.
3. The Superintendent of Prison Central Prison, Puzhal, Chennai.
4. The Inspector Of Police Thiruverkadu Police Station, Chennai. ..Respondent(s) Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a WRIT OF HABEAS CORPUS calling for the records in Detention Order passed in No.10/TNPD/2026 dated 10.02.2026 on the file of https://www.mhc.tn.gov.in/judis
HCP No. 471 of 2026 __________ Page2 of 6 the second respondent herein and quash the same and direct the respondents herein to produce the petitioner’s husband Mohankumar @ Santhosh, S/o.Kumar, aged about 23 years, now confined in Central Prison, Puzhal, Chennai, before this Court and set him at liberty. For Petitioner(s): Mr.D.Padmanabhan For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (Crl.Side)
ORDER (made by N.Sathish Kumar J.) The petitioner, who is the mother of the detenu Mohankumar @ Santhosh, S/o.Kumar, aged about 23 years, has come forward with this petition challenging the detention order passed by the second respondent dated 10.02.2026 in No.10/TNPD/APC/2026 branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. https://www.mhc.tn.gov.in/judis
HCP No. 471 of 2026 __________ Page3 of 6
3. Though several grounds have been raised by the petitioner in the habeas corpus petition assailing the detention order, in the hearing, learned counsel for the petitioner mainly focused his argument on the ground that the language known to the detenu is Tamil, but, the arrest intimation at Page No.18 in Volume-I of the booklet, which was relied on by the authorities, was furnished to the detenu other than the language known to him and therefore, the same has prevented him from making an effective representation against the detention order. Hence, the impugned order is liable to be set aside.
4. A perusal of the booklet especially Page No.18 in Volume-I of the booklet would disclose that the arrest intimation relied on by the detaining authority has not been translated and the same has been furnished to the detenu in a language not known to him, thereby, the detenu has been put to prejudice and is deprived of making an effective representation for revocation of the detention order. The non-furnishing of translated version of document(s) relied on by the detaining authority particularly when the detenu is not conversant with the language violates his constitutional rights and can vitiate the detention
order. Hence, on this ground, the impugned order of detention is vitiated and is liable to be quashed. https://www.mhc.tn.gov.in/judis
HCP No. 471 of 2026 __________ Page4 of 6 In the result, this Habeas Corpus Petition is allowed and the detention
order passed by the second respondent in dated 10.02.2026 in No.10/TNPD/APC/2026 is hereby set aside. The detenu Mohankumar @ Santhosh, S/o.Kumar, aged about 23 years is directed to be set at liberty forthwith unless he is required in connection with any other case.
(N.S.K.,J.) (K.R.S.,J.) 19-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nsd https://www.mhc.tn.gov.in/judis
HCP No. 471 of 2026 __________ Page5 of 6 To
1. The Additional Chief Secretary to the Government Home Prohibition and Excise Department, Secretariat, Chennai – 600009.
2. The Commissioner of Police Avadi City.
3. The Superintendent of Prison Central Prison, Puzhal, Chennai.
4. The Inspector Of Police Thiruverkadu Police Station, Chennai.
5. The Public Prosecutor Madras High Court, Chennai. https://www.mhc.tn.gov.in/judis
HCP No. 471 of 2026 __________ Page6 of 6 N.SATHISH KUMAR J. AND K.RAJASEKAR J. nsd HCP No. 471 of 2026 19-08-2026 https://www.mhc.tn.gov.in/judis