IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 20834 of 2004 Between: T.N.K. Prasad, S/o late Venkata Subbarao, R/o Kothapet, Vijayawada, Krishna District ... PETITIONER AND 1 Superintendent of Police, Guntur District at Guntur 2 Commissioner of Police, Vijayawada, Krishna District 3 The Station House Officer, Women Police Station, Nagarampalem, Guntur District 4 Thuthika Subbarao, S/o R/o 105, Indira Priyadarshini Colony, 3rd Lane, Sangadigunta, Guntur, Guntur District ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents while interfering with petitioner's legal custody over the child Tadepalli Venkata Mithilesh, S/o Venkata Surendranath, aged about 6 years is illegal, irregular, without power and authority and violative of provisions of the Guardians and Wards Act and also Art.14 and 21 of the Constitution of India and consequently direct the respondents not to disturb his custody of said child in any manner and pass such other order or orders. Counsel for the Petitioner: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondents: GP FOR HOME MR. P. VIJAY KIREN The Court made the following: ORDER: Petitioner seeks a Writ of Mandamus to declare the action of the respondents in interfering with his legal custody over the child Tadepalli Venkata Mithilesh, S/o Venkata Surendranath, aged about 6 years as illegal and arbitrary and consequently direct the respondents not to disturb his custody of the child in any manner. 2. Counter has been filed by the Station House Officer, Women Police Station, Nagarampalem, Guntur District stating that the police never interfered with the custody of the said child and all the allegations made in the writ affidavit are incorrect, untrue and untenable. It is stated that the official respondents have never interfered with the legal custody of the child and the fourth respondent also never interfered with the custody of the child. 3. Having regard to the facts and circumstances of the case, the respondents are directed not to interfere with petitioner’s legal custody of the child except otherwise by following due process of law. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J April 23, 2008 DSK