P.Selvakumar v. Harley Stanley Sundarsingh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-12-2018

CORAM

THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.31598 of 2005 And W.P.M.P.No.34644 of 2005 P.Selvakumar

...Petitioner

Vs 1.Harley Stanley Sundar Singh 2.Taapili 3.Nanshi 4.Minor Shyam Sunder @ Wesley Samuel, S/o.Stanley Sundar Singh 5.Minor Silviya, D/o.Stanley Sundar Singh (R-4 and R-5 represented by their mother @ natural Guardian the first respondent) 6.The Superintendent of Police, Namakkal District, Salem Main Road, Namakkal.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents not to interfere with the petitioner's personal liberty, except by due process of law. For Petitioner : Mr.K.Moorthy For Respondents-1,3to5: Mr.Balan Haridas For Respondent-6 : Ms.R.Janaki, Additional Government Pleader.

For Respondent-2 : Dismissed vide Court Order dated 24.6.2011.

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O R D E R

The relief sought for in this writ petition is for a direction to direct the respondents not to interfere with the petitioner's personal liberty, except by due process of law.

2. The writ petition was filed on account of certain disputes in relation to the recovery of money. However, it is brought to the notice of this Court that the parties have already approached the Competent Civil Court of Law for the redressal of their remedies. However, a direction, as such, sought for to direct the respondents not to interfere with the petitioner's personal liberty need not be considered at this length of time and it is needless to state that the rights of the citizen is to be protected in consonance with the constitutional mandates.

3. With the above observations, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also dismissed. s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar Svn To The Superintendent of Police, Namakkal District, Salem Main Road, Namakkal.

+1 CC to Mr.Balan Haridas, Advocate sr 84524. WP No.31598 of 2005 RK(CO) SP(31/12/2018) https://hcservices.ecourts.gov.in/hcservices/