Mohanan, J. The above writ petition under Art.226 of the Constitution of India is preferred by the petitioners, alleging that one Mr. Sadasivan, the father of the 1st petitioner, is kidnapped and detained under the illegal custody of the respondents 1 and 2 and therefore it is prayed for the issuance of a writ of habeas corpus directing the respondents 3 and 4 to produce the detenue before this Court after releasing him from the illegal custody of the respondents 1 and 2.
2. When the matter taken up today, Sri. N.N. Sugunapalan, the learned senior counsel appearing for W.P. (Crl.). No.310 of 2014 -: 2 :-
the petitioners, has fairly submitted that the detenue Mr. Sadasivan, the father of the 1st petitioner, is now with the petitioners and his health condition is normal, and therefore, they have no further grievance, except with respect to the property involved in connection with the subsequent transactions taken place. The learned counsel has also submitted that in connection with the property in question, O.S.No.909/2014 has already been filed by the petitioners before the Munsiff's Court, Kollam, which is pending for consideration. The learned counsel appearing for the respondents 1 and 2 also submitted that the petitioners have already approached the civil court by filing the said suit.
3. Having regard to the facts and circumstances involved in the case, especially when the main grievance of the petitioners that the father of the 1st petitioner is under the illegal custody of the respondents 1 and 2, is got redressed and he is with them and as far as the proceedings under Art.226 of W.P. (Crl.). No.310 of 2014 -: 3 :-
the Constitution of India is concerned, especially when the prayer sought for is issuance of a writ of habeas corpus with respect to the father of the 1st petitioner, according to us, no further orders are warranted. If the petitioners have got any surviving grievance with respect to the property referred to in the above writ petition and in the subsequent orders passed by this Court, the same can be agitated in O.S.No.909/2014 pending before the Munsiff's Court, Kollam.
In the result, we close this writ petition accordingly.
Sd/-
(V.K. MOHANAN, JUDGE) Sd/-
(K. HARILAL, JUDGE) Nan/ //true copy// P.S. to Judge