Subeka v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-03-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI and WMP.No.9080 of 2026 Subeka ..Petitioner(s) Vs

1. The District collector Office of the District Collector, Nagapattinam -611 003.

2. The District Child Welfare Officer, Department of the Child Welfare and Special Services, Office of the District Collector, Nagapattinam-611 003.

..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India, seeking Writ of Mandamus, directing the respondents to return and hand over the infant male child who was born to the petitioner on 20.7.2025 at the Primary Health Care Centre, Thalainayaru, Nagapattinam District based on the representation submitted by the petitioner dated 9.12.2025. For Petitioner(s):

Mr.S.K.Syed Eliyas For Respondent(s):

Ms.V.Yamuna Devi, S.G.P.

ORDER

The Writ Petition has been filed seeking a Writ of Mandamus directing the respondents to return and hand over the infant male child, who was born to the petitioner on 20.7.2025 at the Primary Health Care Centre, Thalainayaru, Nagapattinam District, based on the representation submitted by her on 09.12.2025.

2. It is the case of the petitioner that she is pursing B.Sc. in Operation Theater Technology. She was in a love relationship with one Aiyappan from 2023. She delivered a male child on 20.07.2025 at the Primary Health Care Centre, Thalainayaru. Unfortunately, her lover Aiyappan committed suicide due to illness on 23.12.2024. Due to lack of awareness and social insecurity, she surrendered the male child to the second respondent. Thereafter, she suffered mental agony. Now, she is willing to take back the child, and both sides of the family are ready to support her in brining up the child. Hence, she submitted a representation on 09.12.2025, but the same has not been considered. Therefore, the present Writ Petition has been filed.

3. The learned counsel for the petitioner submits that since there was no official marriage with the Aiyappan, the petitioner surrendered the child to the second respondent. Now, she is ready to take back the child, which is supported by her parents as well as the parents of the Aiyappan.

4. Heard the learned counsel appearing for both sides and perused the materials available on record.

5. Considering the above facts and circumstances of case, without going into the merits of the case, this Court directs the first respondent to consider the representation of the petitioner dated 9.12.2025 and pass appropriate orders in accordance with law within a period of six weeks.

6. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 03-03-2026 Index: Yes/No Speaking/Non-speaking order PVS To

1. The District collector Office of the District collector Nagapattinam -611 003

2. The District Child Welfare Officer Department of the Child Welfare and Special Services Office of the District collector Nagapattinam-611 003

M.DHANDAPANI, J.

PVS 03-03-2026