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2025 Supreme(Online)(Mad) 42094

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA, R.POORNIMA, JJ
S.Thavamani – Appellant
Versus
State of Tamil Nadu, Rep. by the Additional Chief Secretary to Government – Respondent


Advocates:
For the Petitioner: Ms.M.Lavanya
For the Respondents: Mr.S.Ravi Additional Public Prosecutor

Table of Content
1. facts of detention order and procedural right. (Para 1 , 2)
2. court observations on the defective detention order. (Para 4 , 5)
3. final ruling on quashing detention order. (Para 6)

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.

The petitioner is the mother of detenu viz., “Arjun @ Anjana, S/o.

Sasikumar, aged about 23 years. The detenu has been detained by the second respondent by his order in BCDFGISSSV.No.41 of 2024, dated 04.10.2024 holding him to be a "Goonda", as contemplated under Section 2(f) 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 grounds have been raised in the habeas corpus petition, learned counsel for the petitioner focused mainly on the ground that the act provides for making representation to the District Collector before the confirmation by the Government, however, the detention order is silent to that aspect and thereby the petitioner was prevented for maki

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