1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :: 15.02.2011 CORAM :: THE HONOURABLE MRS. JUSTICE CHITRA VENKATARAMAN AND THE HONOURABLE MR. JUSTICE T. SUDANTHIRAM H.C.P(MD)No.125 of 2011 Ansari @ Hameed Ansari Ali, S/o. Nathur Arumai, Atrankarai Pallivasal, Thiruvambalapuram Post, Radhapuram Taluk, Tirunelveli District. ....... Petitioner - Vs - 1. The Superintendent of Police, Thanjavur, Thanjavur District. 2. The Inspector of Police, Swamimalai Police Station, Swamimalai, Kumbakonam Taluk, Thanjavur District. 3. Kathija Beevi, W/o. Thajudeen, No.6/A, Melaraja Veethi, Swamimalai, Kumbakonam Taluk, Thanjavur District. ..... Respondents Writ of Habeas Corpus Petition filed under Article 226 of the Constitution of India to direct the first and second respondents to produce the body of the child namely Fathima Rashbha aged about 4 years D/o. Ansari @ Hameed Ansari Ali before this Hon'ble Court, who is in illegal custody of third respondent and hand over the custody to the petitioner. For Petitioner :: Mr. N. R. Balaji Srinivaasan For Respondents :: Mr. D. Isaac Manuel Additional Public Prosecutor - - - - - - - O R D E R (Order of the Court was delivered by CHITRA VENKATARAMAN, J.) Father of detenue has approached this Court by way of this Habeas Corpus Petition for a direction to first and second respondents to https://hcservices.ecourts.gov.in/hcservices/ 2 produce the body of his child namely Fathima Rashbha aged about 4 years before this Hon'ble Court, who is in illegal custody of third respondent, and hand over the custody to him. 2. Admittedly, the petitioner had already moved a petition in G.W.O.P.No.22 of 2010 on the file of the District Court, Tirunelveli for appointing him as a guardian of the child and for the custody of the child. By order dated 06.10.2010, the learned First Additional District Judge, Tirunelveli granted the said relief to the petitioner. Now, with a plea that the child has not been handed over to him, complaining against respondents 1 and 2 in not executing the order of the Court below, the petitioner has preferred this Habeas Corpus Petition. 3. We do not find any justification to give any direction to respondents 1 and 2 as to the execution of the order passed by the Court below. In the said circumstances, it is open to the petitioner to approach the Court below for appropriate relief. Therefore, this Habeas Corpus Petition is dismissed. Sd/- Deputy Registrar (LA) /True Copy/ Assistant REgistrar To: 1. The Superintendent of Police, Thanjavur, Thanjavur District. 2. The Inspector of Police, Swamimalai Police Station, Swamimalai, Kumbakonam Taluk, Thanjavur District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. H.C.P(MD)No.125 of 2011 15.02.2011 Dpn/- PAM 04.03.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/