Tamilselvi v. The Superintendetn Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.11.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.2916 of 2024 Tamilselvi ... Petitioner/Defacto Complainant Vs.
1.
The Superintendent of Police, Tiruvannamalai District.
The Inspector of Police, Veraiyur Police Station, Tiruvannamalai District.
Vijayakumar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, direction in the nature of writ representation dated 13.09.2024 on the file of the respondents and direct the 2nd respondent herein to produce petitioner's father Govindaraj, aged about 68 years by person or body before this Court and set him at liberty.
For Petitioner : Mr.S.Silambuselvan For Respondents : Mr. R.Muniyapparaj Additional Public Prosecutor [for R1 & R2]
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ of habeas corpus petition has been instituted to direct the respondents to produce the father of the petitioner viz., Mr.Govindaraj, aged about 68 years.
The learned Additional Public Prosecutor appearing on behalf of the respondents 1 and 2 would submit that the property dispute exists between the daughter and son of the detenu Mr.Govindaraj. Earlier occasion similar such complaint was filed by the petitioner and the detenu was present before the police station and there was a wordy quarrel. Therefore, the Police Authorities have advised the petitioner to leave the detenu and allow the detenu to live in a peaceful manner. Now, after sometime, the present petition has been filed stating that the father of the petitioner is in an illegal detention.
Even as per the petitioner, her father is living along with her brother, who is none other than the son of the detenu. Since the property dispute exist, such complaints are filed merely based on the ground that the brother of the petitioner is not allowing the petitioner to see her father/detenu. If at all the petitioner is aggrieved, she is at liberty to approach the competent forum in the manner known to law. 4.
However, we do not find that the detenu is under illegal detention and thus, no case has been made out for entertaining the habeas corpus petition and consequently stands dismissed. [S.M.S., J.] [M.J.R., J.] 13.11.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda
To 1.
The Superintendent of Police, Tiruvannamalai District.
The Inspector of Police, Veraiyur Police Station, Tiruvannamalai District.
The Public Prosecutor, Madras High Court, Chennai - 104.
S.M.SUBRAMANIAM, J.
AND M.JOTHIRAMAN, J.
veda H.C.P.No.2916 of 2024 13.11.2024