Madras High CourtWP(MD)/18778/2020disposed of

R.Narayanan v. The Commissioner

2021-04-19Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P(MD)Nos.15713 & 15715 of 2020 R.Narayanan .. Petitioner Vs.

1.The Commissioner, Welfare of Disabilities, No.5, Kamarajar Salai, Lady Wellington College Campus, Chennai.

2.The District Legal Services Authority, Kanyakumari District at Nagercoil.

3.The District Collector, Collectorate, Kanyakumari District at Nagercoil.

4.The District Disabilities Welfare Officer, Disabilities Welfare Officer, Collectorate Campus, Nagercoil, Kanyakumari District.

5.The District Welfare Officer, District Welfare Office, 30B, Alen Street, Eagle Gage, Nagercoil, Kanyakumari District.

6.The Superintendent of Police, Kanyakumari District at Nagercoil.

7.The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

8.Manolaya, (Centre for Treatment and Rehabilitation of Mentally ill) Rep. By its Director.

.. Respondents 1/3

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1 to 7 respondents herein to hand over one Bindhu Kumar, S/o.Prabhakaran, aged about 45 years under custody of 8th respondent herein within a time stipulated by this Court.

For Petitioner : Mr.R.Murugan For Respondents : Mr.M.Muniasamy, Addl. Govt. Pleader for R1 to R7 Ms.L.Victoria Gowri for R8

ORDER

The relief sought for by the petitioner cannot be granted by this Court. If the petitioner seeks for the custody of the person, who is now in the custody of the 8th respondent institution, the petitioner will have to file an appropriate petition before the concerned Court under Guardians and Wards Act, 1890 and work out his remedy. Except giving this liberty, no further orders can be passed in this Writ Petition.

2. This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AE) // 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 Commissioner, Welfare of Disabilities, No.5, Kamarajar Salai, Lady Wellington College Campus, Chennai.

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