[Cites 2, Cited by 0]
Madras High Court
Manimaran vs The State Of Tamilnadu on 23 February, 2026
Author: S.Srimathy
Bench: S.Srimathy
W.P.Crl.(MD)No.998 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.02.2026
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.Crl.(MD).No.998 of 2026
and
WP.MP.Crl.(MD)No.262 of 2026
Manimaran ... Petitioner
Vs
1. The State of Tamilnadu,
Rep by its Secretary,
Social Welfare and Women Enpowerment Department,
Secretariat, Chennai.
2. The Superintendent of Police,
Tiruchirappalli District.
Tiruchirappalli.
3. The Deputy Superintendent of Police,
Musiri Sub Division,
Tiruchirappalli District.
4. The District Child Protection Officer,
Tiruchirappalli District.
Tiruchirappalli.
5. The Special Adoption Agency,
Succeed Child Adoption Rearing Centre,
(Cara Recognised Institution)
Mambazhasalai,
Tiruchirappalli.
1/6
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W.P.Crl.(MD)No.998 of 2026
6. The Inspector of Police,
Thuraiyur Police Station,
Tiruchirapalli.
7. Setha
8. Sumathi ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the sixth respondent
to considering the petitioner's representation dated 07.02.2026.
For Petitioner : Mr.A.Azhageson
For R-1, 4 & 5 : Mr.M.Muthumanikkam
Government Advocate (Civil side)
For R-2 & R-3 : Mr.A.S.Abul Kalaam Azad
Government Advocate (Crl.side)
ORDER
The present Writ Petition has been filed for the issuance of a Writ of
Mandamus, to directing the sixth respondent to considering the petitioner's
representation dated 07.02.2026.
2. Since the writ petitioner did not have any child through their marriage,
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they wanted to adopt one. They claim that the seventh respondent had given
birth to a male child. The petitioner claim that the said child was handed over
to them on 31.08.2025. The child was named as Dev Maan. The child was
with them for about four months. On 08.01.2026, the fourth respondent took
the child away from the writ petitioner and handed him over to the fifth
respondent. Hence, the writ petition has been filed seeking a direction to the
sixth respondent to consider the petitioner's representation dated 07.02.2026.
3. The Juvenile Justice (Care and Protection of Children) Act, 2015
prescribes the relevant procedure regarding adoption. The fifth respondent is
the authority constituted under the said statute. It is beyond dispute that the
petitioner has not acted in tune with the prescribed procedure. However, the
fact remains that the child in question was under the care and custody of the
petitioner for over four months and that a bonding had developed between
them. Hence, this Court is inclined to regularize in the interest of the child.
4. The fourth respondent is directed to hand over the child to the
petitioner forthwith. However, the petitioner shall comply with all the
procedures in accordance with law.
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5. With the above direction, this writ petition is disposed of. No Costs.
Consequently, connected miscellaneous petition is closed.
23.02.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
jbr
NOTE: Issue order copy on 24.02.2026
To
1. The State of Tamilnadu,
Rep by its Secretary,
Social Welfare and Women Enpowerment Department,
Secretariat, Chennai.
2. The Superintendent of Police,
Tiruchirappalli District.
Tiruchirappalli.
3. The Deputy Superintendent of Police,
Musiri Sub Division,
Tiruchirappalli District.
4. The District Child Protection Officer,
Tiruchirappalli District.
Tiruchirappalli.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/02/2026 12:59:54 pm )
5. The Special Adoption Agency,
Succeed Child Adoption Rearing Centre,
(Cara Recognised Institution)
Mambazhasalai,
Tiruchirappalli.
6. The Inspector of Police,
Thuraiyur Police Station,
Tiruchirapalli.
7.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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S.SRIMATHY, J.
jbr
23.02.2026
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/02/2026 12:59:54 pm )
