ELIYAMMA CHACKO Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner, who is the grandmother of a 22 years old BCA student by name Tino Sosamma Thomas (wrongly referred to in the writ petition as Tino Sosamma John) alleges that her grand daughter is presently under the illegal influence and detention of the 5th respondent. The petitioner seeks a writ of Habeas Corpus for the immediate production of the body of her grand daughter, so that she can be liberated from the illegal detention of the 5th respondent and thereby save from her being traded to various sex rackets.

(2.) ON considering this writ petition for admission, we passed the following order on 4/3/2013.

(3.) SRI .S.Subashchand learned counsel appearing for the 5th respondent submitted that the allegations in the writ petition levelled against the 5th respondent are absolutely unfounded. According to him, the 5th respondent is a member of Niranam Grama Panchayat and apart from the fact that he mediates in family disputes and other disputes between the members of his ward and knows the alleged detenue and the petitioner her grand mother who belongs to the 5th respondent's ward, he has no involvement in the affairs of the petitioner or her grand daughter. According to the learned counsel, the alleged detenue is studying for BCA in a college at Bangalore. The 5th respondent, who is permanently stationed at Niranam, has not in custody and much less illegal custody of Tino Sosamma Thomas. The advocate who entered appearance on behalf of Tino Sosamma Thomas submitted that the allegations levelled in this writ petition are not correct. Tino Sosamma Thomas who is present before this court is an absolutely a free person. Her mother died on the 21st day of her birth and her father, the son of the petitioner married again. The 2nd wife of her father behaves like a proverbial step mother to her.