Citation : 2026 Latest Caselaw 532 Mad
Judgement Date : 19 February, 2026
H.C.P.(MD)No.187 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
and
THE HONOURABLE MS.JUSTICE R.POORNIMA
H.C.P.(MD)No.187 of 2026
S.Selvaganesh ... Petitioner
-vs-
1.The Superintendent of Police
O/o. The Superintendent of Police
Dindigul District
2. The Inspector of Police
Dindigul Taluk Police Station
Dindigul District
3.Paul Pandiyan
Administrative Trustee,
Manithaneyam Home,
Kodangipatty
Theni ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Habeas Corpus, directing the respondents 1
and 2 to produce the body or person of the petitioner's mother namely
Jeyalakshmi, D/o.Chinnasamy, aged about 72 years the detenu herein
before this Court and set her at liberty.
1
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H.C.P.(MD)No.187 of 2026
For Petitioner : Mr.M.Mohammed Ibram Saibu
for M/s.AjmalAssociates
For Respondents : Mr.R.M.Anbunithi
Additional Public Prosecutor
For detenue : Mr.Arunramnath
ORDER
(Order of the Court was made by G.K.ILANTHIRAIYAN, J.)
This Habeus Corpus Petition has been filed to direct the
respondents 1 and 2 to produce the body or person of the petitioner's
mother namely Jeyalakshmi, D/o.Chinnasamy, aged about 72 years the
detenu herein before this Court and set her at liberty.
2. The petitioner claims to be the adopted son of the detenue by
name Jeyalakshmi who is aged about 72 years who is a spinster
daughter of one Chinnasamy. She has lot of property. She was working
as Senior Lecturer in District Level Institution. While being so, the
petitioner under the relationship of adoption son looted several personal
properties of the detenue. Therefore the detenue on her own volition
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went to Home inorder to save her property and life at the hands of the
petitioner herein. At this juncture the petitioner lodged complaint as if
the detenue is missing from the house from 08.11.2025 before the
second respondent. The second respondent issued CSR No.1 of 2026 to
the petitioner. On enquiry the second respondent found that the
detenue is in the private home at Theni District. She scared about the
character of the petitioner herein since he had already looted several
properties of the detenue and also she had life threat at the hands of the
petitioner herein. By lodging false complaint the petitioner approached
this Court by way of filing Habeus Corpus petition that too by stating
allegations against the home/third respondent where the detenue is
staying. He also stated that the detenue is under illegal detention at the
hands of the third respondent alleging that the third respondent is
extracting money from the detenue.
3. The detenue is produced before this Court by the second
respondent. The detenue deposed that she is a spinster and had
adopted the petitioner as adopted son in the year 2021 without knowing
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the character of the petitioner herein. Further the detenue has several
properties and taking advantage of the facts and circumstances and also
the fact that there is no one to look after the detenue the petitioner has
forged the signature of the detenue and looted her properties. He also
made life threat to her, therefore in order to escape from the hands of the
petitioner she went to Home to save her life and now she is under safe
custody and she also stated that she is not under illegal detention at the
hands of anyone. She further deposed that she has also lodged
complaint before the authorities concerned to cancel the documents
which were dealt with by the petitioner by forging her signature and
also lodged complaint before the concerned police for appropriate action
as against the petitioner.
4. In view of the fact that the detenue is not under illegal detention
of any one, this Habeus Corpus Petition is not maintainable and liable to
be dismissed with exemplary costs.
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5. Hence the petition stands dismissed. The petitioner is directed
to pay a sum of Rs.1,00,000/- as costs to the Legal Services Authority
attached to this Bench within a period of one week from the date of
receipt of a copy of this order.
6. Further the concerned jurisdiction District Registrar of the
Registration Department is directed to take appropriate action on the
complaint lodged by the detenue to cancel the documents which were
executed by the petitioner by forging the signature of the detenue
forthwith. The jurisdiction police is also directed to take appropriate
action by registering First Information Report as against the petitioner
and proceed in accordance with law. Further at the request of the
detenue the concerned jurisdiction police is also directed to provide
adequate police protection to the detenue.
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7. Post the matter on 02.06.2026 under the caption 'For reporting
compliance'.
[G.K.I., J.] [R.P., J.]
19.02.2026
Index: Yes/No
NCC: Yes/No
aav
Note: Issue order copy on 20.02.2026
To
1.The Superintendent of Police
O/o. The Superintendent of Police
Dindigul District
2. The Inspector of Police
Dindigul Taluk Police Station
Dindigul District
3.The Additional Public Prosecutor
Madurai Bench of Madras High Court,
Madurai.
Copy to
1. The Inspector General of Police
South Zone,
No.1, Race Course Colony
New Natham Roadm
Bibikulam, Madurai- 625 002
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2. The Deputy Inspector General of Registration Integrated complex of Registration Department, Rajagambeeram, Thirumogur Road, Othakadai Madurai- 625 107
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G.K.ILANTHIRAIYAN, J.
and R.POORNIMA, J.
aav
19.02.2026
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