N.Thamarai v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.(MD)No.1538 of 2023 N.Thamarai : Petitioner Vs.

1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Sempatti Police Station, Dindigul District.

3.Naddi Rajini Kant : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the first and second respondents to produce a person or body of the petitioner's grandson namely the detenue by name Gunal S/o.Naddi Rajini Kant (Minor aged 3 years) before this Court and handover the petitioner's custody.

For Petitioner : Mr.S.Vikraman For Respondents 1&2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by M.SUNDAR, J.] When the matter was taken up, it came to light that it is a tussle for custody of a minor child of third respondent [to be noted, third respondent is biological father of the minor child] and the HCP petitioner who is maternal grandmother. Further to be noted, the biological mother of the minor child died on 29.08.2022. 2.As it is a tussle for guardianship of a minor child as between maternal grandmother and biological father [HCP petitioner and third respondent respectively] learned Counsel sought leave of this Court to withdraw the captioned HCP and learned Counsel made the following endorsement:

3.Learned Counsel made a request to preserve all the rights and contentions of the petitioner and / or anyone concerned with the matter to approach the GAWA Court [GAWA stands for 'Gaurdianship and Wards Act']. Learned Counsel also sought leave to preserve the rights and contentions of HCP petitioner and / or anyone concerned for the minor to approach any Court / Courts / Forum / Fora / Authority / Authorities. Request acceded to.

4.Though obvious we make it clear that the GAWA Court / any other Court / Courts / Forum / Fora / Authority / Authorities shall deal with the matter if approached on its own merits and in accordance with law dehors the withdrawal / closure of the captioned HCP ie., dehors this order.

5.Be that as it may, all the rights and contentions of the petitioner and / or anyone concerned for the minor are preserved for coming to this Court with similar / same prayer, if there are any change of circumstances.

6.In the light of the narrative thus far, captioned HCP is disposed as closed / withdrawn albeit with the aforementioned observations and preservation of rights in the aforesaid manner. We refrain ourselves from imposing costs.

[M.S.,J.] & [R.S.V.,J.] 11.12.2023 Index : Yes/No Internet : Yes/No MR

To 1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Sempatti Police Station, Dindigul District.

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

M.SUNDAR, J.

and R.SAKTHIVEL, J.

MR ORDER MADE IN H.C.P.(MD)No.1538 of 2023 11.12.2023