Jagadeeshwaran Sreenivasalu v. The Home Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.No.1714 of 2019 Jagadeeshwaran Sreenivasalu S/o.Sreenivasulu.P ... Petitioner Vs 1.The Home Secretary, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.Director General of Police (Law & Order), Tamil Nadu Police, Mylapore, Chennai - 600004.

3.The Commissioner of Police, Chennai City Police, Vepery, Chennai - 600007.

4.The Inspector of Police, K-3, Aminjikarai Police Station, Anna Nagar, Chennai - 600040.

5.Swapna D/o.N.Ashok Kumar ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus calling upon the respondents 1 to 4 to produce the minor children Sukriti Jagadeeswaran D/o.Jagadeeswaran, aged about 6 years and Shreyas Jagadeeswaran S/o.Jagadeeswaran, aged about 6 years, before this Court from the illegal custody of fifth respondent and hand over their custody to petitioner.

For Petitioner : Mr.M.Shreedhar For Respondents: Mr.R.Prathap Kumar Additional Public Prosecutor [R1 to R4] Mr.K.Govindan [R5]

O R D E R

[Order of this Court was made by R.SUBBIAH, J] Petitioner, who is the father of the detenues, viz., Sukriti Jagadeeswaran D/o.Jagadeeswaran, aged about 6 years and Shreyas Jagadeeswaran S/o.Jagadeeswaran, aged about 6 years, has filed this petition seeking a direction to respondents to cause production of the detenues before this Court from the illegal custody of fifth respondent and hand over their custody to petitioner.

2. Heard learned counsel for petitioner and learned Additional Public Prosecutor appearing for respondents 1 to 4 and learned counsel for fifth respondent.

3. Under order dated 12.09.2019, this Court, on finding that the matter is nothing but a matrimonial dispute between petitioner and fifth respondent, referred the matter to Mediation Centre. Today, it is represented that mediation has failed.

In the aforestated circumstance, this Court finds that this is a case of matrimonial dispute and hence, this petition is not maintainable. Accordingly, the Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Gm To 1.The Home Secretary, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.The Director General of Police (Law & Order), Tamil Nadu Police, Mylapore, Chennai - 600004.

3.The Commissioner of Police, Chennai City Police, Vepery, Chennai - 600007.

4.The Inspector of Police, K-3, Aminjikarai Police Station, Anna Nagar, Chennai - 600040.

5.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Govindan, Advocate, S.R.No. 103563 H.C.P.No.1714 of 2019 VG I(CO) GN(12/02/2020)