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Madras High CourtHCP/439/2019closed

D.Rajeshwari v. State Of Tamil Nadu

2019-08-27Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.10.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN H.C.P. No. 439 of 2019 D.Rajeshwari ... Petitioner -vsState of Tamil Nadu Rep. by The Inspector of Police, D2 Chengalpattu Taluk Police Station, Chengalpattu Taluk.

... Respondent Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondent police to produce the person namely R.Hariharan, aged about 15 years (minor) before this Court and handover to the petitioner. For Petitioner : Mr.M.K.Poongundran For Respondent : Mr.R.Prathap Kumar Addl. Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the respondent police to produce the person namely R.Hariharan, aged about 15 years (minor) before this Court and handover to the petitioner, the present habeas corpus petition has been filed.

2.The detenu has been secured. He has informed us that he is with his father. Thus, we do not find any illegal detention involved in this case. However, the detenu and his father appeared before us and stated that the concerned school namely, Government Boys Higher Secondary School, Chromepet, Chennai, is not admitting the detenu.

3.Considering the above and taking note of the situation in which the detenu and his father are placed coupled with the further fact that they are very poor and having no other means to continue the education in some other private school, we direct the Head Master, Government Boys Higher Secondary School, Chromepet, Chennai to see to it that due admission is given to the detenu.

4.Inasmuch as the detenu and his parents are illiterates, we direct the respondent/Police to facilitate the joining of the detenu in the aforesaid school.

5.With the above said observation, the Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mmi/ssm To 1.The Head Master, Government Boys Higher Secondary School, Chromepet, Chennai.

2.The Inspector of Police, D2 Chengalpattu Taluk Police Station, Chengalpattu Taluk.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.K.Poongundran, Advocate, SR.86366 H.C.P. No. 439 of 2019 MG(CO) CB(20/11/2019)