IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.01.2017 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE T.MATHIVANAN H.C.P.No.2173 of 2016 Palaniyammal .. Petitioner / Mother of the detenu Vs.
1. The District Collector Cuddalore
2. The Child Welfare Committee Cuddalore
3. The Inspector of Police Reddiarpalayam Police Station Reddiarpalayam, 111 Puducherry – 605 010
4. Rajesh Kanna Child Line Cuddalore
5. Angel New Life Children's Home Rep. By its Managing Trustee S.Dhanalakshmi No.7, Serakuppam Village Varalur Town Panchayat Kurinchipadi Taluk Cuddalore District
6. Ezhumalai Angel New Life Home Trust No.7, Serakuppam Village Varalur Town Panchayat Kurinchipadi Taluk Cuddalore District .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the respondents to produce the body of the detenue Samuel @ Dussol Alpho Krish, aged 4 ½ years and set him at liberty.
For Petitioner : Mr.M.Govindaraju For Respondents : Mr.V.M.R.Rajentren, Additional Public Prosecutor for R1 and R2 Mr.M.R.Thangavel Additional Public Prosecutor (Pondy) for R3 Mr.N.Vasanth for R5 Mr.A.Rajesh Kanna for R5 and R6 - - - - ORDER (Order of the Court was made by M.JAICHANDREN,J.) At this stage of hearing of the matter, the learned counsel appearing on behalf of the petitioner, has submitted that he may be permitted to withdraw the Habeas Corpus Petition in H.C.P.No.2173 of 2016. He has also made an endorsement to that effect.
2. Hence, this Habeas Corpus Petition stands dismissed as withdrawn.
However, in the given facts and circumstances of the case, we find it appropriate to direct that the minor child, namely, Samuel @ Dussol Alpho Krish, shall be kept in the safe custody of the fourth respondent until an appropriate order has been passed, by an appropriate forum or a Court, in the manner known to law. It is also made clear that it would be open to the petitioner to seek her reliefs, if any, before the appropriate forum or authority, in the manner known to law.
(M.J.,J.) (T.M.,J.) 09.01.2017 gpa Note:Issue order copy on 09.01.2017 To
1. The District Collector Cuddalore
2. The Child Welfare Committee Cuddalore
3. The Inspector of Police Reddiarpalayam Police Station Reddiarpalayam, 111 Puducherry – 605 010
4. Rajesh Kanna Child Line, 0Cuddalore
5. Ms.S.Dhanalakshmi Managing Trustee Angel New Life Children's Home No.7, Serakuppam Village Varalur Town Panchayat Kurinchipadi Taluk Cuddalore District
6. Ezhumalai Angel New Life Home Trust No.7, Serakuppam Village Varalur Town Panchayat Kurinchipadi Taluk Cuddalore District
7. The Public Prosecutor, High Court, Madras.
M.JAICHANDREN,J.
and T.MATHIVANAN, J.
gpa H.C.P.No.2173 of 2016 09.01.2017 http://www.judis.nic.in