Vinotha R v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.R.Vinotha 2.V.Silambarasan ... Petitioners Vs.

1.The District Collector, 2.The District Child Protection Officer, 3.The District Social Welfare Officer (The Chair Person), The District Child Welfare Committee (DCPU), ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent's committee to complete the procedure as per law and consequently produce the custody of the baby to the petitioner's 1/4

(biological parents of the baby) within the stipulated time based on the petitioner's representation dated 22.06.2025. For Petitioners : Mr.N.Kamesh For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

Heard both sides.

2.The petitioners herein were in relationship with each other even before solemnization of their marriage. As a result, a girl child was born on 17.05.2025 to the first petitioner. It is alleged that the child was left abandoned. In this regard Crime No.37 of 2025 was registered on the file of Panayapatti Police Station. The third respondent subsequently took custody of the child.

3.The petitioners now inform the Court that all outstanding issues have been amicably resolved and request that the child be handed over back to them. The respondents oppose the said request and that led to the filing of this writ petition.

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4.I am of the view that it would be in the interest of the child to be brought up by her biological parents. It is for this reason, I direct the third respondent to hand over custody of the child to the petitioners. The petitioners undertake before this Court that they would bring up the child properly and ensure her physical safety. They would also produce the child before the third respondent as and when required. I also mandate the respondents 2 and 3 to have a general watch over the well-being of the child.

5.This Writ Petition is allowed accordingly. There shall be no order as to costs.

03.09.2025 2/2 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA Note: Issue order copy on 04.09.2025.

To 1.The District Collector, 3/4

G.R.SWAMINATHAN, J.

MGA 2.The District Child Protection Officer, 3.The District Social Welfare Officer (The Chair Person), The District Child Welfare Committee (DCPU), 03.09.2025 2/2 4/4