Madras High CourtHCP/826/2024closed

P.Selvi v. The District Superintendent Of Police

2024-07-29Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH and THE HONOURABLE MR. JUSTICE SUNDER MOHAN P.Selvi ... Petitioner Vs.

1.The District Superintendent of Police Nagapattinam District District Superintendent of Police Office Nagapattinam 2.The Inspector of Police Nagoor Police Station Nagoor Nagapattinam District 3.Baskaran 4.Ezhil Raj 5.Kamaraj ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 to 5 to produce the petitioner's younger brother Asaithambi (mentally unsound person), S/o.Late M.R.Rajendran, aged 45 years before this Court and set him at liberty.

For Petitioner : M/s.Mythili Srinivas For Respondents : Mr.A.Gokulakrishnan, Addl. Public Prosecutor - R1 & R2 Mr.K.Prasadesh Kumar - R3 to R5

ORDER

M.S.RAMESH, J.

AND SUNDER MOHAN , J.

(Order of the Court was delivered by M.S.RAMESH, J.) The petitioner, alleging that her younger brother R.Asaithambi, aged about 45 years, who is mentally unsound has been forcibly detained by the 3rd respondent herein, who is the petitioner's brother in law, has come forward with the above Habeas Corpus Petition. While the petitioner claims that her sister, who is married to the 3rd respondent, is also mentally challenged and that she will not be in a position to take care of her brother. The counsel for the 3rd respondent denies such allegations. 2.Ultimately, the petitioner herein seeks for guardianship and the consequential custody of her brother. The 3rd respondent's wife is also a

sister of the detenu. While that being so, the proper remedy for the parties herein is to approach the concerned Court of law seeking for appointment of a guardian of Mr.R.Asaithambi.

3.It is now brought to our notice that the detenu is a co-sharer of the properties of his parents, who had died intestate. Since no guardian has been appointed for the detenu till date, the properties standing in the names of Late Mr.M.R.Rajendran and Mrs.Manoranchitham, who are the parents of the petitioner and the detenu shall not be alienated or no encumbrance be created over the same by any of the co-sharers. 4.Furthermore, the petitioner herein being the sister of the detenu is at liberty to visit her brother as and when she requires, after giving prior notice to the 3rd respondent or to his wife.

5. With the above direction, this Habeas Corpus Petition stands closed. No costs.

[M.S.R., J] [S.M., J] 29.07.2024 kas

M.S.RAMESH, J.

and SUNDER MOHAN , J.

kas To.