Rakkammal v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.7.2016
CORAM
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.1076 of 2016 Tmt. Rakkammal ..... Petitioner/mother of the detenue Vs
1. The State of Tamil Nadu, Represented by its Secretary, Department of Home, Fort. St.George, Chennai-600 009.
2. The Secretary to Government of Andhrapradesh, Home Department, Secretariat, Hyderabad.
3.Mr.Ratna, Superintendent of Police, Chittur District, Andhra State.
4. The Inspector of Police, Puzhal Police Station, Chennai-600 066.
5. The Superintendent, Sub-Jail,Madanapalli, Chittur District, Andhrapradesh State.
..... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the fifth respondent herein to produce the detenu Lakshmanan, son of Markandaian, now confined at Sub-Jail Madhanapalli, before this Court and transferring him to Vellore Christian Mission Hospital, Vellore for further treatment. For Petitioner :
Mr.R.Sankarasubbu For R1 to R5 :
Mr.A.N.Thambidurai Additional Public Prosecutor (crl.side)
ORDER
(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the mother of one Mr.Lakshmanan son of Markandaian, who has been now detained in Sub-Jail, Madhanapalli in Andhra Pradesh State. The petition has come up with this petition seeking directions to set him at liberty.
2. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for respondents.
3. There is no denial of the fact that the petitioner has been remanded to judicial custody by the competent court in the state of Andhra Pradesh and he is now lodged in prison in pursuant of the judicial order.
4. The learned counsel for the petitioner submitted that the detenue needs treatment and seeks for appropriate relief.
5. In our considered view, since the detenue is in prison in pursuance of a judicial order of remand made, if the petitioner needs any relief either for treatment or for release of the detenue, he has to work out his remedy in the competent jurisdictional court.
6. The relief sought for in this petition cannot be granted by this Court. Hence, the Habeas Corpus Petition is dismissed. kua (S.N.J.,) (V.B.D.J.,) 14.7.2016
To The Secretary, State of Tamil Nadu, Department of Home, Fort. St.George, Chennai-600 009.
2. The Secretary to Government of Andhrapradesh, Home Department, Secretariat, Hyderabad.
3.Superintendent of Police, Chittur District, Andhra State.
4. The Inspector of Police, Puzhal Police Station, Chennai-600 066.
5. The Superintendent, Sub-Jail,Madanapalli, Chittur District, Andhrapradesh State.
2.The Public Prosecutor, High Court, Madras.
S.NAGAMUTHU J., AND V.BHARATHIDASAN, J.
kua H.C.P.No.1076 of 2016 14.07.2016