Lakshmi v. Union Of Indian Rep By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.04.2018 CORAM :
THE HONOURABLE MR.JUSTICE C.T.SELVAM And THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED H.C.P.(MD)No.1211 of 2017 Lakshmi ... Petitioner Vs.
1. The Union of India Rep.by The Principal Secretary, Ministry of External Affairs, Union of India, E.Block, Central Secretariat, New Delhi.
2. The Principal Secretary, Ministry of Overseas Indian Affairs, Union of India, Jaisalmer House, Mansingh Road, New Delhi 110 011.
3. The State of Tamil Nadu, Rep.by the Principal Secretary, Home Department, State of Tamil Nadu, Fort St.George, Chennai.
4. The Superintendent of Police, Virudhunagar District, Virudhunagar.
5. The Inspector of Police, South Police Station, Rajapalayam, Virudhunagar District.
6. Kathirvel Pandian
7. The Regional Passport Authority, Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai.
8. The Principal Secretary, Commissioner of Rehabilitation and Welfare of Non Resident Tamils, 4th Floor, Ezhilagam Annex Building, Chepauk, Chennai.
9. Bureau of Immigiration, Rep.by its Commissioner, Ministry of Home Affairs, Government of India, East Block VIII, Level - V, Sector 1, R.K.Puram, New Delhi - 66.
... Respondents *(R7 to R9 are impleaded as per order, dated 07.02.2018.) Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Habeas Corpus, directing the respondents 1 to 6 herein to find out Mr.C.Ramamoorthy S/o.Chellaiah, aged 38 years, who is the petitioner's son and produce him before this Court and set him at liberty.
For Petitioner : M/s.Lakshmi Gopinathan For Respondents : Mr.N.Shanmuga Selvam (R1,2, 7 & 9) For Respondents : Mr.K.Dinesh Babu, APP (R3 to R5) For Respondent-6 : Mr.A.Balaji
ORDER
(Order of the Court was passed by C.T.SELVAM, J.) The present is a case where the missing person has not been heard of by petitioner and others likely to have acquaintance or knowledge of his whereabouts beyond a period of 7 years, attracting the presumption under Section 108 of Evidence Act. All efforts by respondents to trace the missing person have proved futile. Hence, this Habeas Corpus Petition shall stand closed. It is open to the petitioner to approach the revenue authorities or civil Court for obtaining such document / certificate as may be necessary towards informing the death of detenue C.Ramamoorthy, S/o.S.Chelliah, and obtaining legal heirship certificate etc.
Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar(CS-III)
To
1. The Principal Secretary, Ministry of External Affairs, Union of India, E.Block, Central Secretariat, New Delhi.
2. The Principal Secretary, Ministry of Overseas Indian Affairs, Union of India, Jaisalmer House, Mansingh Road, New Delhi 110 011.
3. The Principal Secretary, The State of Tamil Nadu, Home Department, State of Tamil Nadu, Fort St.George, Chennai.
4. The Superintendent of Police, Virudhunagar District, Virudhunagar.
5. The Inspector of Police, South Police Station, Rajapalayam, Virudhunagar District.
6. The Regional Passport Authority, Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai.
7. The Principal Secretary, Commissioner of Rehabilitation and Welfare of Non Resident Tamils, 4th Floor, Ezhilagam Annex Building, Chepauk, Chennai.
8. The Commissioner Bureau of Immigiration, Ministry of Home Affairs, Government of India, East Block VIII, Level - V, Sector 1, R.K.Puram, New Delhi - 66.
+1CC to Mr.N.SHANMUGA SELVAM, Advocate, SR.No.63455 +1CC to M/S.POLAX LEGAL SOLUTIONS, Advocate, SR.No.63529 H.C.P.(MD)No.1211 of 2017 24.04.2018 MPK ES/SKN/RSK/SAR 3/02.08.2018/3P/11C