IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE D.S.R.VARMA AND HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.16587 of 2009 Between: Smt.Alivelu. … Petitioner And 1. The Chairman Juvenile/Child Care Committee at Govt. Children Home for Boys, Near Rural Tahsil Office Old Dairy Form, Vizag. 2. The Warden, Govt. Children Home for Boys, Near Rural Tahsil Office Old Dairy Form, Vizag. … Respondents. The Court made the following: HON'BLE SRI JUSTICE D.S.R.VARMA AND HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.16587 of 2009 ORAL ORDER: - (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.1 and 2. 2. The grievance of the petitioner, in this writ petition, is that the respondents are not giving the custody of the son of the petitioner to her in spite of submission of the identification proofs etc., that the petitioner is the mother of the alleged detenu. 3. The fact appears to be that the alleged detenu is a boy, aged about 10 years, by name Master Kalyan, S/o.Late Ramu was found missing, while he was in Vizag in the custody of his paternal uncle. Because of the said reason, the petitioner could not get back the custody of the child. 4. However, an intimation had been received by the petitioner that the child is in the custody of Government Children Home for Boys, Hyderabad, after he was transferred from Government Children Home for Boys, Visakhapatnam. 5. The 2nd respondent –Superintendent, Government Children Home for Boys, filed counter affidavit contending inter alia that the alleged detenu, initially, was found by the Sub-Inspector of Police, III Town Police Station, Visakhapatnam, under suspicious circumstances. Therefore, they retrieve with the boy and consequently he was kept in the custody of the second respondent home. Later on it was felt expedient to transfer the boy/alleged detenu, because he hails from Hyderabad. In consequence thereto, the alleged detenu was transferred from Vizag to Hyderabad and was kept in the custody of the Child Welfare Committee, Hyderabad at Saidabad. Now, the child is put in the Government Child Home for boys, Hyderabad. It is further stated that the intimation to the petitioner was made in this regard. It further appears that the petitioner approached the Child Welfare Committee, Hyderabad. But, he was asked to produce the proper identity that she is mother of the alleged detenu. 6. From the above, it appears that the alleged detenu was taken into custody by the police only, in order to rescue him and he was kept in the custody of a statutory authority. Therefore, it cannot be complained that the alleged detenu is in the illegal custody or he was illegally detained. 7. However, in view of the fact that the alleged detenu, by name Kalyan, aged about 10 years, is now in the custody of Government Children Home for Boys, Hyderabad, we suffice to close the writ petition with liberty to the petitioner to approach the authorities, Child Welfare Committee, Hyderabad, and furnish the proof of identity and upon such furnishing the proof of identity, subject to the satisfaction of the Child Welfare Committee, the custody of the alleged detenu be given to the petitioner. 8. With the above observations and directions, the writ petition is closed, at the stage of admission. No order as to costs. ________________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE R.KANTHA RAO 19-08-2009. Lmv