T.Rathinavel Subramaniyan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN T.Radhinavel Subramaniyan ... Petitioner/Father of the Detenue -vs1.The Superintendent of Police, Dindigul District, Dindigul.
2.The Inspector of Police, Thadikombu Police Station, Dindigul District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, directing the 2nd respondent to produce the corpus or body of the detenues, namely, minor Hariharan and Jegan, aged about 12 and 9 years, sons of T.Radhinavel Subramaniyan before this High Court and hand over them custody to the petitioner.
For Petitioner :
Mr.P.Manikandan For Respondents :
Mr.K.Dinesh Babu Additional Public Prosecutor
O R D E R
[Order of the Court was made by K.KALYANASUNDARAM, J.] This habeas corpus petition has been filed for a direction to the second respondent to produce the petitioner's sons, namely, minor Hariharan and minor Jegan, aged about 12 and 9 years respectively and hand over their custody to the petitioner. 2.When the matter was taken up for hearing on 04.02.2021, at request of the parties, the matter was referred to Mediation and Conciliation Centre for amicable settlement. We also requested Mrs.Jesi Jeeva Priya, learned counsel to act as a Mediator in this case.
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3. It appears that both parties appeared before the Mediator on 06.02.2021. The Mediation report has been filed and the same is extracted hereunder:- "COMPROMISE AGREEMENT In the above case, I have been appointed as Mediator on 04.02.2021 and Mediation held on 06.02.2021. Both the petitioner and his wife, M.Bhuvaneshwari were present along with their respective counsels. The compromise has been arrived between the parties as follows:
That the parties are having two male children namely R.Hariharan and R.Jejan aged about 12 years and 8 years respectively. They are in the custody of their mother, M.Bhuvaneshwari.
1.The wife, M.Bhuvaneshwari consented to allow the petitioner to have visiting right to meet the children in the public Temple, in the last Saturday of every month at 10.00 a,m., to 1.00 p.m., (three hours).
2.The first visit will be on 27.02.2021 and followed by last Saturday of every month.
The wife, M.Bhuvaneshwari agreed to take the children to meet the petitioner without fail. "
4. In the light of the agreement entered between the parties, this habeas corpus petition is closed. No costs. 5.The petitioner is directed to pay a sum of Rs.10,000/- to the Mediator on or before 21.03.2021.
6. Post the matter on 22.03.2021 for reporting compliance. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) am Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
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To 1.The Superintendent of Police, Dindigul District, Dindigul.
2.The Inspector of Police, Thadikombu Police Station, Dindigul District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
1.
The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai (2c) 2.The Officer in charge, Mediation and Conciliation Centre, Madurai Bench of Madras High Court, Madurai.
11.03.2021 tp(CO) KK(17.03.2021) 3P 7C 3/3