Madras High CourtCONT P(MD)/1277/2019closed

Prema v. R.Kamala

2019-09-19Honourable Mr Justice S. Vaidyanathan,Honourable Mr Justice N. Anand Venkatesh2 pages

Cont.P.(MD)No.1277 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Cont.P.(MD)No.1277 of 2019 in HCP(MD) SR.NO.4518/2019 Prema : Petitioner/Petitioner Vs.

R.Kamala The Chairperson Child Welfare Committee Government Observation Home No.34 East Bouleward Road Near Murugan Theatre Tiruchirappalli : Respondent/3rd Respondent PRAYER: Petition is filed under Section 11 of the Contempt of Courts Act, to punish the respondent under the provisions of Contempt of Courts Act 1971 for wilful and deliberate disobedience of the order passed by this Court in HCP SR.No.4518/2019 dated 20.02.2019.

PRAYER IN HCP(MD)SR.NO.4518 OF 2019:

Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the 1st and 2nd respondents to secure the person or body of petitioner's unnamed female child, aged about 5 Months old, the detenue herein, from the custody of 3rd and 4th respondents and produce before this Court and hand over her custody to the petitioner.

For Petitioner : Mr.D.Shanmugarajasethupathi For Respondent : Mr.K.Dinesh Babu Additional Public Prosecutor

ORDER

Alleging that the order of this Court has not been complied with, the present contempt petition has been filed.

2. We do not find any ground to entertain this contempt petition. If the petitioner wants any directions to be issued to the Child Welfare Committee to dispose of her application, dated 02.01.2019, pursuant to the directions issued by this Court in HCP https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P.(MD)No.1277 of 2019 (MD) SR No.4518/2019, the petitioner has to file an independent writ petition and work out her remedy. The direction was given by this Court while rejecting the Habeas Corpus Petition on the ground that it is not maintainable. Therefore, we do not deem it fit to entertain this contempt petition.

3.In the result, this contempt petition is closed by giving liberty to the petitioner to work out her remedy in the manner indicated hereinabove.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS) TO R.Kamala The Chairperson Child Welfare Committee Government Observation Home No.34 East Bouleward Road Near Murugan Theatre Tiruchirappalli +1 CC to M/s.D.SHANMUGARAJA SETHUPATHI, Advocate ( SR-87783[F] dated 19/09/2019 ) RR Order made in Cont.P.(MD)No.1277 of 2019 Dated: 19.09.2019 KM/(11.10.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2