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Madras High CourtHCP/1155/2015dismissed

Mrs.Deivanayagi v. The State Rep. By

2015-06-09Honourable Dr Justice S. Tamilvanan,Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.06.2015

CORAM

THE HONOURABLE DR.JUSTICE S.TAMILVANAN AND THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P. No.1155 of 2015 Deivanayagi ... Petitioner -v1.State rep. by Inspector of Police, Thali Police Station, Thali, Udumali, Thirupur District.

2.The Superintendent of Police, Thirupur District.

... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus directing the first respondent to produce the the daughter of the petitioner Kavibarathy, aged about 16 years before this Court and to set her at liberty forthwith.

For Petitioner :

Mr.R.Chakkaravarthy For Respondents :

Mr.A.N.Thambidurai Addl. Public Prosecutor

O R D E R

(Order of the Court was made by S.TAMILVANAN,J.) Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor respondents. 2.This petition has been filed by the petitioner/mother of the detenue Kavibarathy, aged about 16 years, to cause production of his daughter, before this Court and to set her at liberty. 3.The alleged detenue is secured and produced before this Court by the first respondent police and her father Gnanasekaran, is also present before this Court.

4.On enquiry, the detenue told us that she is coming from her father's house and that there is no illegal detention by anybody and that she expressed her willingness to go along with her father. https://hcservices.ecourts.gov.in/hcservices/

5.It is seen that this petition has been filed by the mother of the alleged detenue. Filing this type of petition by any mother against the father of the detenue saying that there is illegal detention, is not proper. On the aforesaid facts and circumstances of the case, we are of the view that when specific provision and appropriate efficacious alternative remedy are available, this petition is not maintainable under Article 226 of the Constitution of India, which is an extraordinary jurisdiction of this Court. Sd/- Assistant Registrar True Copy Sub Assistant Registrar kal To 1.The Inspector of Police, Thali Police Station, Thali, Udumali, Thirupur District.

2.The Superintendent of Police, Thirupur District.

3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

H.C.P. No.1155 of 2015 skv(co) pmk.19.6.2015 https://hcservices.ecourts.gov.in/hcservices/