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Madras High CourtHCP(MD)/1167/2017closed

Mahalakshmi v. The Superintendent Of Police

2017-08-30Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1167 of 2017 Mahalakshmi ... Petitioner -vs1. The Superintendent of Police, Virudhunagar District, Virudhunagar.

2. The District Chidren Welfare Officer, Virudhunagar District, Virudhunagar.

3. The District Children Welfare Officer, Thirupur District, Thirupur .

4. The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

5. The Sub-Inspector of Police, Alangulam Police Station, Virudhunagar District.

6. The Warden, Sathiya Children's Home, Thirupur, Thirupur District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 to 5 herein to secure the detenue namely Sterla Amartex, D/o. Neppoliyan, aged about 17 years and produce the person or body before this Court and set her at liberty from the illegal custody. For Petitioner :

Mr.G.Marimuthu For Respondents :

Mr.T.Mohan Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.M.SUNDRESH, J.] We have already passed a detailed order, dated 17.08.2017. In compliance with the order passed, the Petitioner has handed-over all the documents with respect to the educational qualification of the detenue except the pass-book etc. On a query, the Petitioner stated that she has handed it over to the authorized person of SEED(Society for Education Empowerment and development). However, she made a request that she will be permitted to see the detenue, on a fixed date.

2.Considering the above, we permit the Petitioner to see the detenue once in a month, preferably during holidays, on a Sunday. 3.We enquire the District Children Welfare Officer, Thirupur, who present today before this Court and he has informed that there is a BCA seat vacant in Kumaran Arts and Science College, Thirupur. The said institution is also ready to provide a seat to the detenue.

4.In such view of the matter, we direct the District Children Welfare Officer, Thirupur and authorized person of the Society for Education Empowerment and Development(SEED) to make sure that the detenue is admitted in the Kumaran Arts and Science College, Thirupur and pursue her studies.

5.In view of the above, this Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar Copy to

1. The District Children Welfare Officer, Thirupur District, Thirupur.

2. The Authorized Person(The Director), SEED(Society for Education Empowerment and Development, 1/849, Kasikoundanpudur, Mangalam Road, Rakiyapalayam Post, Avinashi, Thirupur District - 641 654.

To:

1. The Superintendent of Police, Virudhunagar District, Virudhunagar.

2. The District Chidren Welfare Officer, Virudhunagar District, Virudhunagar.

3. The District Children Welfare Officer, Thirupur District, Thirupur .

4. The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

5. The Sub-Inspector of Police, Alangulam Police Station, Virudhunagar District.

6. The Warden, Sathiya Children's Home, Thirupur, Thirupur District.

7. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/s.G.M.Law Office, Sr.No.75553 VSN/SMI VB/MR/KKR/SAR1/11/09/2017/3P/11C H.C.P.(MD) No.1167 of 2017 30.08.2017