Madras High CourtHCP(MD)/1303/2017closed

C.Durai, v. The District Social Welfare

2017-09-05Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1303 of 2017 C.Durai ... Petitioner -vs1. The District Social Welfare Officer, Collector Office, Trichy District.

2. The Superintendent, Minor Welfare Protection Home, E.B.Road, Trichy, Trichy District.

3. The Inspector of Police, Thuvarankurichi Police Station, Marungapuri Taluk, Trichy District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 and 3 to produce the body of the detenue namely Ponmani daughter of C.Durai, aged about 17 years before this Court and set him at liberty.

For Petitioner :

Mr.S.Gopalamanikandan For Respondents :

Mr.T.Mohan, Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the mother of the detenue. Even in the complaint given to the third respondent the petitioner has stated that her relatives came to see the detenue for the purpose of marriage. The detenue is aged about 17 years. On a complaint given by the third party, the first respondent visited the house of the petitioner and took away the detenue.

2.The learned Additional Public Prosecutor would submit that the detenue is under the custody of the first respondent as the petitioner has attempted to arrange marriage for the detenue despite https://hcservices.ecourts.gov.in/hcservices/

being a minor. We do not find any illegal detention as the detenue is under the legal custody of the first respondent.

3. The fact that the petitioner also made an attempt to arrange marriage for the detenue is not in dispute. In such view of the matter, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To:

1. The District Social Welfare Officer, Collector Office, Trichy District.

2. The Superintendent, Minor Welfare Protection Home, E.B.Road, Trichy, Trichy District.

3. The Inspector of Police, Thuvarankurichi Police Station, Marungapuri Taluk, Trichy District.

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

+ 1 CC TO Mr.S.GOPALA MANIKANDAN, ADVOCATE IN SR No. 76540 CP/AM TE/RSK/SAR-III : 11/09/2017 : 2P/6C H.C.P.(MD) No.1303 of 2017 05.09.2017 https://hcservices.ecourts.gov.in/hcservices/