J.Selvarani v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19..06..2019

CORAM

The Honourable Mr Justice M.M.SUNDRESH and The Honourable Mr Justice M. NIRMAL KUMAR Habeas Corpus Petition No.891 of 2019 J.Selvarani ... Petitioner /Wife of the Detenue -Versus1.The Superintendent of Police, Kandhipuram District, Kancheepuram.

2.The Inspector of Police, E-9, Thalampur Police Station, Kancheepuram District.

... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents to produce the detenu-S.D.Jebaraj, the husband of the petitioner, aged about 64 years before this court and set him at liberty.

For Petitioner : Mr.P.Kumaravel For Respondents : Mr.C.Iyyapparaj, APP for R1 and R2

ORDER

[Order of the court was made by Justice M.M.SUNDRESH] The petitioner is the wife of the detenu - S.D.Jebaraj. Alleging that the detenu has been missing and no action is taken by the respondents, the present Habeas Corpus Petition is filed.

2. Mr.Palani, Inspector of Police, Thalambur, is present. The learned Additional Public Prosecutor, on instructions from the respondents, submitted that the detenu had sold away the house property which was standing in his name. The said house was thereafter demolished by the purchaser. For more than a decade the detenu and the petitioner are living separately. After coming to know of the sale followed by the consequential demolition, the petitioner gave a complaint alleging that the detenu has been missing which is factually in correct. https://hcservices.ecourts.gov.in/hcservices/

3. In view of the above, we are not inclined to keep this petition pending any longer. The petitioner, who is also present before us, has stated that the house property was purchased by her in the name of her husband/detenu. We are afraid that the said issue cannot be adjudicated upon in this petition. The remedy for the petitioner lies elsewhere. Suffice it to state that there is no illegal detention involved. This Habeas Corpus Petition is accordingly closed.

Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar kmk To 1.The Superintendent of Police, Kandhipuram District, Kancheepuram.

2.The Inspector of Police, E-9, Thalampur Police Station, Kancheepuram District.

3. The Public Prosecutor, High Court, Madras. H.C.P.No.891 of 2019 CA(CO) GMY(18/07/2019) https://hcservices.ecourts.gov.in/hcservices/