V.Nadhiya v. The Superintendent Of Police

H.C.P.(MD) No.836 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.836 of 2021 V.Nadhiya ... Petitioner -vs1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Kottampatti Police Station, Madurai 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 2 to produce (the petitioner's husband namely, Vinoth Kumar son of Rasu aged about 40 years) or his body before this Court and set him at liberty based on the representation dated 01.06.2021. For Petitioner :

Mr.M.Yokesh For Respondents :

Mr.S.Ravi Standing Counsel for Tamil Nadu Government

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has come forward with this habeas corpus petition to direct the respondents to produce her husband, namely, Vinoth Kumar son of Rasu aged about 40 years or his body before this Court and set him at liberty based on the representation dated 01.06.2021.

2.The petitioner would state that she is a pregnant lady and the detenue is her husband and they are having 5 years old daughter. It is further stated that the detenu is a daily wager. Due to lockdown declared by the Government, he stayed in the house. While so, on 15.05.2021, when the petitioner gone for regular checkup, her husband was found missing. Hence, she lodged a complaint with the second respondent on 01.06.2021. Since no action was taken to secure the detenue, she has come before this Court. 3.When the matter is taken up for hearing today, both the petitioner and the detenu appeared before this Court through video conferencing from the Public Prosecutor's Office. On enquiry, the detenu would state that only with the knowledge of the petitioner, https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.836 of 2021 he had gone to his parents' house on 15.05.2021. He has also stated that the petitioner and her family members are insisting him to get away from his family. Both the parties have agreed to settle the dispute before the Mediation and the counsel for the petitioner requested to refer the matter to the Mediation Centre. 4.In the light of the above fact, we are closing the habeas corpus petition by directing the Registry to refer the matter to the Mediation Centre and appoint Mr.Alaguramjothi (Cell No.9952440505) to act as Mediator.

Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.

To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Kottampatti Police Station, Madurai District.

3.The Standing Counsel for Tamil Nadu Government, Madurai Bench of Madras High Court, Madurai.

Copy to 1.The Deputy Registrar, Mediation and Conciliation Centre, Madurai Bench of Madras High Court, Madurai .

2. Mr.Alaguramjothi(Mediator) Through Mediation and Conciliation Centre, Madurai Bench of Madras High Court, Madurai . H.C.P.(MD) No.836 of 2021 11.06.2021 KB(25.06.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2