Nithiya Adaikammal v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Special Original Jurisdiction) Thursday, the Fifth day of November Two Thousand and Twenty PRESENT The Hon'ble Mr.Justice K.KALYANASUNDARAM AND The Hon'ble Mrs.Justice T.KRISHNAVALLI Nithiya Adaikammal ...Petitioner/Mother of the detenu Vs 1 The Superintendent of Police, Madurai District, Madurai. 2 The Inspector of Police, Kottampatti Police Station, Madurai District. 3 AL Boopathi Murugesh
...Respondents
Prayer :- Habeas Corpus Petition is filed under Article 226 of the Constitution of India, praying this Hon'ble Court to Issue Writ or Order or Direction in the nature of WRIT OF HABEAS CORPUS, directing the 1st and 2nd respondents to produce the person or body of petitioner`s minor male child namely Karthick Karikalan, S/o.AL.Boopathi Murugesh aged about 1 year before the Hon'ble Court, illegally detained by the 3rd Respondent and handover the custody to the petitioner.
ORDER:- Habeas Corpus Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s.R.Paulsukumar, Advocate for the Petitioner and of Mr.R.Anandharaj, Additional Public Prosecutor On Behalf of the Respondents No.1 and 2, and of MR.G.PRABHU RAJADURAI, Advocate for the 3rd Respondent, this Court made the following order:
[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has filed this habeas corpus petition seeking direction to the respondents 1 and 2 to produce her minor son, namely, Karthick Karikalan, from the illegal custody of the third respondent, who is none other than his father, before this Court and handover his custody to her.
1/3
2. The learned counsel appearing for the petitioner as well as the learned counsel appearing for the third respondent submitted that there is a possibility of settlement between the parties and therefore, the matter may be referred for mediation.
3. In view of the above submissions, Registry is directed to place the matter before the Mediation and Conciliation Centre on 10.11.2020, for exploring the possibility of settlement.
4. This Court appoints Advocate Mr.K.Samidurai (Enrollment No.838 of 1989) as Mediator to conduct mediation.
5. The parties shall appear before the Mediation and Conciliation Centre on 10.11.2020 without fail. Sd/- Assistant Registrar(CS-I) // True Copy // / /2020 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. Copy to:
1 The Officer In Charge, Mediation and Conciliation Centre, Madurai Bench of Madras High Court, Madurai 2 Mr.K.Samidurai, Mediator, (Enrollment No.838 of 1989) Madurai Bench of Madras High Court, Madurai 3 The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai (To List the matter on 10.11.2020 for Mediation) 2/3
ORDER DATED : 05/11/2020 HEARING DATED : 10/11/2020 (Mediation) ==========================
ORDER
========================== Giving direction and etc.
as stated within.
NS(CO) TR(06.11.2020) 3P 6C 3/3