CHELLAYA Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner, a temporary worker in KDH Plantation Company in their Kundaravalai Estate has filed this Writ Petition complaining that his wife Vijayalakshmi is being illegally detained against her wishes by respondent Nos.4 and 5 who are respectively the brother and sister of Vijayalakshmi.

(2.) ON considering this Writ Petition for admission, we directed Sri.Shibu Joseph, the learned Senior Government Pleader to seek instructions from the concerned among R1 to R3 as to the correctness of the allegations in the Writ Petition. We issued notice on admission by special messenger to respondents 4 and 5 who were directed to produce Vijayalakshmi, the wife of the petitioner before this Court today. Respondents 4 and 5 today brought Vijayalakshmi to this Court. The petitioner, another brother of Vijayalakshmi as well as Sri.Subramoniam, the brother of Writ Petitioner are also present before us. We interacted with Vijayalakshmi, the alleged detenue, a deaf and dumb person knowing Tamil only with the help of Sri.B.Krishnamoni, Advocate who assisted us as amicus curiae. What we gather from the interaction is that as things obtain now Vijayalakshmi the detenue prefers to stay with her sister Dhanalakshmi and brother Abimanan.

(3.) THE principal question which arises for decision in this Writ Petition is whether the Writ of Habeas Corpus sought for is liable to be issued. On the basis of the impressions we gather from the interaction which we had with the party persons who were present before us, it is clear to our mind that the above question can be decided only against the petitioner. We decline that relief. However, we direct Vijayalakshmi, the alleged detenue and respondents 4 and 5 not to dispose of the four cents of property referred to herein before and referred to herein after as the subject property unless it be with the permission of the Taluk Legal Services Committee, Devikulam. The Chairman Taluk Legal Services Committee, Devikulam (Munsiff-Magistrate, Devikulam) is directed to take up the dispute between the parties over the subject property as a pre-litigation case and take a correct and just decision on the above dispute keeping in mind the interest of Vijayalakshmi, a deaf and dumb woman as the upper most consideration. Before decision is taken the petitioner and all siblings of Smt.Vijayalakshmi will be heard by the Chairman, TLSC.