Madras High CourtHCP(MD)/817/2017dismissed

Sankaranarayanan v. The Commissioner Of Police

2017-06-09Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice C.V. Karthikeyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2017

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN H.C.P(MD)No.817 of 2017 Sankaranarayanan : Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, S.S.Colony (L&O) Police Station, Madurai City.

3.The Co-Ordinator, Grace Kennet Foundation, Child Protection Centre, No.8, Kennet Road, Madurai -16 4.Alageswaran 5.Pavithra : Respondents Prayer:This Habeas Corpus Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Habeas Corpus to direct the respondents 1 and 2 to secure the detenu and produce the body or person of the minor child, viz., Somesh, S/O. Sankaranarayanan, aged about 11⁄2 years before this Hon'ble Court and handover the custody of the minor child to the Petitioner forthwith from the illegal custody of the 3rd respondent.

For Petitioner : Mr.D.Rameshkumar For Respondents : Mr.C.Ramesh, Additional Public Prosecutor

ORDER

(Order of the Court was made by T.S.SIVAGNANAM) The petitioner seeks for production of his minor daughter stating that she is his adopted daughter. It is not in dispute that the natural parents of the child are the respondents 4 and 5 https://hcservices.ecourts.gov.in/hcservices/

and for some reasons the child was handed over to the custody of the 3rd respondent which claims itself to be a child protection centre. It is not known as to whether they have got the requisite registration. The Petitioner has no document in his custody to show that there was an valid adoption in accordance with the provisions of the Juvenile Justice Act and the Rules framed thereunder.

2.This Habeas Corpus Petition at the instance of the petitioner is not maintainable. Consequently the same is dismissed. However, it is open to the petitioner to move the appropriate authority for necessary relief.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, S.S.Colony (L&O) Police Station, Madurai City.

3.The Co-Ordinator, Grace Kennet Foundation, Child Protection Centre, No.8, Kennet Road, Madurai.

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

Arul/dsk AE/MR/SAR2/16.06.2017/2P/5C H.C.P(MD)No.817 of 2017 09.06.2017 https://hcservices.ecourts.gov.in/hcservices/