V.Selvi v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN V.Selvi ... Petitioner Vs.

1.The Inspector of Police, T6 Avadi Police Station, No.206, Nehru Bazar Road, Nehru Bazar, Vivekananda Nagar, TNHB Mig V Block, Avadi, Avadi - 600 054.

2.Mr.Arokiya Amal Raj ... Respondents Prayer: Habeas Corpus Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Habeas Corpus, and the petitioner representation to the respondents dated 09.10.2024 and direct the respondents to produce Mrs.D.Clara, W/o. George aged about 80 years to the petitioner's Mother before this Court and set her at liberty. For Petitioner : Mr.R.Arun Kumar For R1 : Mr.R.Muniyapparaj

Additional Public Prosecutor

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The Habeas Corpus Petition has been instituted to direct the respondents to produce Mrs.D.Clara W/o. George aged about 80 years, the mother of the writ petitioner.

2. The 1st respondent / Inspector of Police T6, Avadi Police Station furnished the copy of the letter written by the detenue addressed to the Inspector of Police. In the said letter the detenue has stated that she resides with her son and daughter-in-law, who take care of her. She made it clear that she is not under illegal detention.

3. The petitioner before us is the daughter of the detenue and learned Additional Public Prosecutor appearing on behalf of the 1st respondent would submit that a property dispute exists between the petitioner and her brother. If the petitioner wishes to meet her mother, she may do so directly or, in case of obstruction by her brother, approach the competent authorities. Consequently, this writ of habeas corpus petition is misconceived, as the

detenue is not under illegal detention.

4. This Court has verified the detenue's well-being through mobile phone contact and confirmed she is living safely and happily with her son. That being the factum, no further adjudication needs to be undertaken.

5. Accordingly, the Habeas Corpus Petition stands disposed of. [S.M.S., J.] [M.J.R., J.] 06.11.2024 Jeni Index : Yes Speaking order / Non-speaking order To 1.The Inspector of Police, T6 Avadi Police Station, No.206, Nehru Bazar Road, Nehru Bazar, Vivekananda Nagar, TNHB Mig V Block, Avadi, Avadi - 600 054.

2.The Additional Public Prosecutor, Madras High Court.

S.M.SUBRAMANIAM, J.

and M.JOTHIRAMAN, J.

Jeni 06.11.2024