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Madras High CourtWP(MD)/20770/2025allowed

Murugan P v. The District Collector

2025-08-05Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY P.Murugan ... Petitioner Vs.

1. The District Collector, O/o. District Collectorate, Collector Office Road, Alwarpuram, Madurai.

2. The Child Welfare Officer, O/o. District Collectorate, Collector Office Road, Alwarpuram, Madurai.

3. The Child Welfare Protection Officer, Nagamalai Pudukottai Police Station, Nagamalai Pudukottai, Madurai District.

4. The Child Welfare Home, Fr. Patrik Home of Hope For Women and Children, Sringeri Nagar, Bye Pass Road, Madurai - 625 010. ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of MANDAMUS, directing the 1st to 4th respondents herein to hand over the petitioner' s Minor Daughter, Selvi. Dharani 1/6

D/o.Murugan, aged about 17 years, to the petitioner/father by considering the representation sent by the petitioner dated 23.07.2025. For Petitioner : Mr.R.Vignesh For Respondents : Mr.M.Lingadurai Special Government Pleader for R1 to R4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the 1st to 4th respondents herein to hand over the petitioner's Minor Daughter, Selvi.Dharani, D/o.Murugan, aged about 17 years, to the petitioner/father, based on the petitioner's representation dated 23.07.2025.

2. It is seen from the records that the minor girl was handed over to the custody of the fourth respondent based on the order passed in H.C.P(MD)No. 684 of 2025 dated 13.06.2025. When the Habeas Corpus Petition was heard, the Hon'ble Division Bench of this Court has sought the willingness of the child and she was unwilling to go with her parents and hence, the custody of the minor girl was handed over to the fourth respondent. This Court vide order dated 29.07.2025 directed to produce the minor girl before this Court. Accordingly, today the child was produced before this Court and her parents are also present before this Court.

3. This Court specifically enquired the minor girl and she expressed her 2/6

willingness to go with her parents. The same is recorded. The minor girl is permitted to go with her parents from the Court itself. Accordingly, this Writ Petition is allowed. There shall be no order as to costs. 05.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PJL Note:Issue order copy on 05.08.2025.

To

1. The District Collector, O/o. District Collectorate, Collector Office Road, Alwarpuram, Madurai.

2. The Child Welfare Officer, O/o. District Collectorate, Collector Office Road, Alwarpuram, Madurai.

3. The Child Welfare Protection Officer, Nagamalai Pudukottai Police Station, Nagamalai Pudukottai, Madurai District.

4. The Child Welfare Home, Fr. Patrik Home of Hope For Women and Children, Sringeri Nagar, Bye Pass Road, Madurai - 625 010.

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

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S.SRIMATHY , J.

PJL ORDER MADE IN DATED : 05.08.2025 6/6