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Madras High CourtWP/28176/2022dismissed

Aishwariya v. The District Collector

2023-11-29Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2023 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Aishwariya

...Petitioner

-Vs1. The District Collector, O/o.The Thiruvannamalai Collector Office, Thiruvannamalai District.

2. The District Child Welfare Officer, O/o.The District Child Welfare Office, Thiruvannamalai District.

3. The Inspector of Police, Paachel Police Station, Tiruvannamalai District.

4. Gopi @ Gopalakrishnan

...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2nd respondent to hand over the custody of petitioner son Vetrivel aged about 3-1/2 years who is taken custody in Crime No.22 of 2022 on the file of the 3rd respondent police to the petitioner.

For Petitioner : No appearance For Respondents 1 to 3 : Mr.A.Gopinath, Government Advocate (Crl.Side)

ORDER

This Writ Petition is filed for issuance of a Writ of Mandamus directing the 2nd respondent to hand over the custody of petitioner's son Vetrivel aged about 3-1/2 years who was taken custody in Crime No.22 of 2022 on the file of the 3rd respondent police to the petitioner.

2. It is seen that the petitioner and the 4th respondent got married and gave birth of male child namely Vetrivel. Due to some misunderstanding, this petitioner lived separately. Now, the petitioner got married with another person and the child namely Vetrivel is handed over to the custody of 4th respondent by the 2nd respondent herein. 2/4

3. Therefore, direction sought for in this Writ Petition cannot be considered. This court finds no merits in this writ petition. Hence, this writ petition is liable to be dismissed. Accordingly, this Writ Petition is dismissed. No costs.

29.11.2023 Index : Yes/No Internet: Yes/No gvn To

1. The District Collector, O/o.The Thiruvannamalai Collector Office, Thiruvannamalai District.

2. The District Child Welfare Officer, O/o.The District Child Welfare Office, Thiruvannamalai District.

3. The Inspector of Police, Paachel Police Station, Tiruvannamalai District.

4. The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN,J.

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