Krishnamurthy v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.04.2015

CORAM:

THE HONOURABLE DR. JUSTICE S.TAMILVANAN and THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P.No.835/2015 Krishnamurthy ..

Petitioner vs.

1.The Superintendent of Police Cuddalore District, Cuddalore 607 001.

2.The Inspector of Police Muthandikuppam Police Station Muthandikuppam 607 005.

3.Rajavel ..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus petition directing the 2nd respondent to produce the body or person of the petitioner's brother's daughter Lavanya D/o.[late] Selvamurthy, aged about 13 years and set her at liberty and restore her to the petitioner's custody.

For Petitioner .. Mr.Durai Gunasekaran For R1 & R2 .. Mr.A.N.Thambidurai, APP

ORDER

(Order of the Court was made by S.TAMILVANAN, J.) Invoking Article 226 of the Constitution of India, the petitioner has filed this petition, to cause production of the detenue Lavanya, aged about 13 years, his brother's daughter, who is said to be in the illegal custody of the 3rd respondent herein and to hand over her custody to him.

2.Heard the learned counsel for the petitioner ; learned Additional Public Prosecutor appearing for the respondents 1 and 2.

3.The petitioner is the brother of the alleged detenue, Lavanya's father, viz., Selvamurthy, who had expired two years ago. 4.Today the detenue Lavanya is produced before this Court by the respondent police along with her mother Anandajothi. 5.On enquiry, the detenue Lavanya stated that she is not in any illegal detention of anybody much less her mother and that she is living with her mother and the 3rd respondent is nothing to do with them. She also expressed her willingness to go only along with her mother. The detenue's mother, Anandajothi, who is present before us, also admitted the factum of her daughter living with her. 6.Learned counsel for the petitioner submitted that the brother of the petitioner/father of the detenue had expired and that the detenue has to continue her studies and therefore, considering the welfare of the detenue, the petitioner needs the custody of the detenue.

7.In view of the categorical submission of the detenue Lavanya, this Court is of the considered view that the custody of the detenue with her mother is not illegal as she being the natural guardian. This Court also feels that in the presence of the natural guardian, the petitioner, being the paternal uncle of the detenue, has no locus standi to file this present Habeas Corpus Petition, which is not maintainable. If at all, the petitioner wants to have the custody of his child, it is open to the petitioner to approach the appropriate Forum seeking appropriate remedy, if law permits. 8.The Habeas Corpus Petition is dismissed with the above observation and the detenue/minor Lavanya is permitted to go along with her mother Anandajothi.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP To 1.The Superintendent of Police Cuddalore District, Cuddalore 607 001.

2.The Inspector of Police Muthandikuppam Police Station Muthandikuppam 607 005.

3.The Public Prosecutor High Court, Madras.

H.C.P.No.835/2015 ca(co) pmk.18.5.2015