IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 WP(Crl.).No. 514 of 2009(S) --------------------------- PETITIONER : --------------- JIMMY ISSAC, AGED 44 YEARS,S/O.JOSEPH ISSAC,ASSISTANT MANAGER OF S.R.HOLIDAYS PRIVATE LIMITED COMPANY,ERNAKULAM, RESIDING AT VALAYIL HOUSE,EZHUPUNNA SOUTH P.O., ALAPPUZHA DISTRICT,PIN-688 550. BY ADV. SRI.T.A.SHAIN RESPONDENTS : --------------- 1. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. CITY POLICE COMMISSIONER, THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION,THIRUVANANTHAPURAM. 4. SONIA, AGED 39 YEARS,W/O.JIMMY ISSAC,(TEACHER) 11/1391, KARUMANCHERRY HOUSE,BAINS-COMPOUND, NANTHENCODE,THIRUVANANTHAPURAM-3. 5. K.H.SAMSON,S/O.HENRY, AGED 65 YEARS,11/1391,KARUMANCHERRY HOUSE, BAINS COMPOUND,NANTHENCODE,THIRUVANANTHAPURAM-3. 6. TAJAN SAMSON,W/O.SAMSON, AGED 60 YEARS,11/1391,KARUMANCHERRY HOUSE, BAINS COMPOUND,NANTHENCODE,THIRUVANANTHAPURAM-3. 7. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, (HOME DEPARTMENT),THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.514 of 2009 ------------------------------------- Dated this the 4th day of December, 2009 JUDGMENT BASANT, J. The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his 2 minor boy children, aged 12 and 11 years. Even going by the version in the petition, the minor children are with the mother from 2007. According to the petitioner, he is denied his visitorial rights. The children are kept away from him. This in short is the grievance. 2. The question is whether the jurisdiction under Article 226 of the Constitution of India deserves to be invoked. There is absolutely no element perceived by us of any illegal detention or confinement as to warrant invocation of the extraordinary constitutional jurisdiction under Article 226 of the Constitution. This is an eminently fit case where the petitioner must seek his remedy before the Guardian and Wards Court. We find no reason, in these circumstances, to admit this petition. W.P(Crl.) No.514 of 2009 2 3. This Writ petition is, in these circumstances, dismissed. We may however hasten to observe that the dismissal of this Writ Petition will not in any way fetter the rights of the petitioner to move the Guardian and Wards Court for appropriate relief. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-