P.Gomathi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA P.Gomathi ... Petitioner/ Wifeof the detenue -VsState of Tamil Nadu rep by 1.The Superintendent of Police, Tenkasi District.

2.The Inspector of Police, Kuttralam Police Station, Tenkasi District.

(Cr.No.322 of 2024) ... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the 2nd respondent to produce the body of the person of the detenue namely Paulraj, S/o.Sathangkutti, aged about 70 years, before this Court and set him at liberty. 1/5

For Petitioner : Mr.S.Moorthy For Respondents : Mr.B.Nambi Selvan Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) Alleging that the petitioner's husband viz., Paulraj, S/o.Sasthangkutti, aged about 70 years, was found missing from July 2022 and despite registering the complaint, no action has been taken by the respondent, the petitioner has filed the present Habeas Corpus Petition.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 3.The learned counsel appearing for the petitioner submitted that the petitioner's husband is a coolie worker and they have no issue and she is staying with her nephew at Vallam, Tenkasi District. He further submitted that the petitioner's husband was missing from July 2022 and she had given a complaint 2/5

on 22.02.2023 and the FIR was registered only on 20.08.2024 and even till date, no action has been taken.

4.The learned Additional Public Prosecutor appearing for the respondent police submitted that the petitioner has given a complaint before the second respondent police and a case has been registered only on 20.08.2024 in Crime No. 322 of 2024. When the matter was listed on 01.07.2025, this Court had directed the second respondent police to file a Status Report and the matter was directed to be listed on 09.07.2025.

5.Today, the Status Report filed has been by the second respondent and the same is taken on record.

6.Having gone through the Status Report, it reveals that the missing person had insisted the petitioner to transfer the ownership of the house in his name and thereby there was frequently quarrels between them and due to the which, the detenu seems to have left the home under the pretext of going to Kerala for employment. He further submitted that the investigation is going on. 3/5

7.Taking into consideration of the aforesaid submissions and also the Status Report filed by the second respondent, this Habeas Corpus Petition stands closed with a direction to the Deputy Superintendent of Police, Tenkasi District, to monitor the investigation on monthly basis.

[A.D.J.C.,J.] & [R.P.,J.] 09.07.2025 NCC:Yes/No Index:Yes/No Ns To 1.The Superintendent of Police, Tenkasi District.

2.The Inspector of Police, Kuttralam Police Station, Tenkasi District.

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

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A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA.,J .

Ns ORDER MADE IN 09.07.2025 5/5