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Madras High CourtHCP(MD)/1428/2016dismissed

T.Chandra v. The Superintendent Of Police,

2016-11-24Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.11.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P(MD)No. 1428 of 2016 T.CHANDRA, W/O. THANGAMANI, SOUTH STREET, THOTAPANAYAKANUR POST, USILAMPATTI TALUK, MADURAI DISTRICT.

.. Petitioner vs.

1 THE SUPERINTENDENT OF POLICE, O/O. SUPERINTENDENT OF POLICE, SURVEYOR COLONY, MADURAI.

2 THE INSPECTOR OF POLICE, USILAMPATTI TALUK POLICE STATION, USILAMPATTI, MADURAI DISTRICT.

3 KRISHNAMOORTHY (PRESIDENT), NATIONAL POSTAL EMPLOYEES UNION , THALLAKULAM POST OFFICE, MADURAI.

4 SUNDARAMOORTHY(SECRETARY), NATIONAL POSTAL EMPLOYEES UNION, THALLAKULAM POST OFFICE, MADURAI.

5 THE INSPECTOR OF POLICE, TIRUMANGALAM TOWN POLICE STATION , MADURAI DISTRICT.

.. Respondents (5th respondent has been impleaded as per the order of this Court dated 10.11.2016) PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Habeas Corpus directing the respondents 1-2 to produce the body or person of the detenue Mr.Thangamani Petitioner husband aged about 60 years before this Court and set him at liberty For Petitioner : Ms.A.Rajini For Respondents 1 & 2 : Mr.A.Ramar Additional Public Prosecutor For Respondents 3 & 4 : Mr.B.Manivannan https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the wife of one Mr.Thangamani, aged about 60 years. He is a retired employee from the Postal Department. The respondents 3 and 4 are the Union officer bearers. According to the petitioner, Mr.Thangamani, husband of the petitioner had disappeared from 30.06.2016 onwards.

2. Today, when the matter was taken up for hearing, the detenu was produced by the police. He told us that he has not been detained by anybody and he was living separately on his own. He further stated that out of the pension amount settled by the Department, for the last Diwali, he spent Rs.50,000/- for the family. Since there is no illegal detention, we are unable to grant the relief sought for by the petitioner. Accordingly, the Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To 1 THE SUPERINTENDENT OF POLICE, O/O. SUPERINTENDENT OF POLICE, SURVEYOR COLONY, MADURAI.

2 THE INSPECTOR OF POLICE, USILAMPATTI TALUK POLICE STATION, USILAMPATTI, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, TIRUMANGALAM TOWN POLICE STATION , MADURAI DISTRICT.

4.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 cc to M/s.V.Sakthivel, Advocate in SR.No. 72626 +1 cc to M/s.M.Mahendran, Advocate in SR.No. 72303 RR CSL/PV/20.12.2016: 2P/7C HCP.(MD)No.1428 of 2016 24.11.2016 https://hcservices.ecourts.gov.in/hcservices/