1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.3.2011 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI H.C.P(MD)No.166 of 2011 V.Periyasamy .. Petitioner vs. 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram. 2.The Deputy Superintendent of Police (Ramanathapuram Sub-Division), Ramanathapuram. 3.The Sub-Inspector of Police, Kovilankulam Police Station, Ramanathapuram District. 4.Abilkhan 5.Kaivilakhan 6.Usuf alias Aliyar 7.Nagoorkhani .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the Respondents herein to produce the body of the detenue Yasmin Roja, aged 42 years, W/o. Late. Santhana Peer, before this Court and to set her at liberty. For petitioner : Mr.AR.Jeya Rhuthran For respondents 1 & 2 : Mr.P.N.Pandidurai Addl.Public Prosecutor For respondents 4 to 7: Mr.T.Lajapathi Roy ORDER (Order of the Court was made by S.RAJESWARAN,J) This petition has been filed by the petitioner for a direction to the respondents to produce the detenue viz., Yasmin Roja, aged about 42 years, W/o. Late.Santhana Peer before this Court. 2. The case of the petitioner is that he is a man of means and a respectable person in the locality and he has a wife and three children and the detenue, Yasmin Roja came to his house in the year 1995 and she sought his help saying that her husband died at the age of 30 years and she had to bring up her 8 children. Taking sympathy https://hcservices.ecourts.gov.in/hcservices/ 2 on her, the petitioner decided to help her. Therefore, he engaged her as a domestic servant and accommodated her in his house. He also looked after her eight children. Thus, the detenue, Yasmin Roja was residing in his house with 8 children for more than 15 years from 1995. The respondents 4 to 7 are her children. On attaining majority, the respondents 4 to 7 shifted their residence to Thanjavur and started giving trouble to their mother, Yasmin Roja. When they compelled her to come to Thanjavur to live with them, the detenue refused to go there. Notsatisfied with her reply, the respondents 4 to 7 lodged a criminal complaint to the Deputy Superintendent of Police/second respondent herein during the year 2010. After enquiring the detenue, the second respondent advised the respondents 4 to 7 not to make any such false complaint. However, on 16.6.2010, during his absence, the respondents 4 to 7 came to his house and started giving trouble to her. They even threatened her with dire consequences. Immediately, fearing death at the hands of respondents 4 to 7, she gave a complaint to the police against the respondents 4 to 7 who are her sons. Since no action was taken by the respondents 4 to 7, the respondents 4 to 7 once again came to his house on 25.1.2011 and forcibly taken her away without her consent with an intention to kill her. A complaint was given by the petitioner to the third respondent on 25.1.2011 in this regard. But, no steps have been taken by the third respondent and no enquiry was conducted with the respondents 4 to 7. The whereabouts of Yasmin Roja is not known till date. Hence, this petition has been filed with the aforesaid prayer. 3. After notice, the detenue, Yasmin Roja, is produced by the police before this Court today. 4. The fourth respondent and sixth respondent who are her sons are also present before this Court. The fifth and seventh respondents, the other sons of the detenue are away and they are not present today. 5. Considering the nature of the case, we held personal talk with the detenu, Yasmin Roja, to ascertain the facts and to know her mind. Though she had made complaints about her sons, particularly, the fourth and sixth respondent, to the police on 16.6.2010, she would like to go with her sons only so that she would be able to be with her minor daughter who is presently at Pasumpon near Kamuthi. 6. The petitioner is also present before this Court. Though the petitioner refers to the past history how he helped her in her distress and accommodated her along with her 8 children and spent time and money on them out of sympathy and compassion. But, he admits that he was shocked at her decision taken now to go with her sons. Even in the Court, the detenue pleaded to the petitioner to let her go with her children and not to disturb her being with her minor daughter. 7. Since the detenue, Yasmin Roja, is about 42 years age and quite matured in her approach, we enquired her son/sixth respondent in order to send her along with him so that she could be with her minor daughter. He agreed to do the needful. https://hcservices.ecourts.gov.in/hcservices/ 3 8. Being a matured lady, she is at liberty to choose a life of her own at this age and stage. We also noticed that there is a dispute with regard to the property left behind by the husband of the detenue, which is said to be in possession of the petitioner herein. Though Yasmin Roja pleaded to Periyasamy, the petitioner, to part with the property to her sons, he bluntly refused. 9. Considering the facts and circumstances of the case, while recording the statement made by the detenue, Yasmin Roja, that she would stay with her daughter, and the statement of the sixth respondent that he would take care of the detenue when she is with her minor daughter, we hold that we cannot decide about the issue of property in this matter. Since the property admittedly stands in the name of the husband of the detenue, but now, in the enjoyment and possession of the petitioner herein, we direct the respective parties to get this issue resolved in the appropriate Court. Till such resolution, the parties are directed to maintain peace among themselves and not to indulge in unnecessary quarrel and bickerings with each other in their personal life. 10. Accordingly, the Habeas Corpus Petition is dismissed as the detenue is not under illegal custody of any one. No costs. Sd/- Assistant Registrar9CO) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram. 2.The Deputy Superintendent of Police (Ramanathapuram Sub-Division), Ramanathapuram. 3.The Sub-Inspector of Police, Kovilankulam Police Station, Ramanathapuram District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.AR.Jeyarhuthran,Advocate, Sr.No.11734 +1cc to Mr.T.Lajapathi Roy, Advocate, Sr.No.11659 H.C.P.(MD)No.166 of 2011 07.03.2011 (asvm) SMA/29.3.2011/7C/3P https://hcservices.ecourts.gov.in/hcservices/