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2014 Supreme(Mad) 3370
Before the Madurai Bench of Madras High Court
S. MANIKUMAR & V.S. RAVI, JJ.
S. Venkatramakrishnan @ Nagaraj
Versus
The Superintendent of Police, Dindigul District & Others
Habeas Corpus Petition(MD) No. 1053 of 2014
Decided on : 19-09-2014
For the Petitioner:S. Sukumar, Advocate.
For the Respondents: C. Mayilvahana Rajedran, Additional Public Prosecutor.
Headnote:
HABEAS CORPUS - [KEYWORD] - [SUBJECT] - [ACT SECTION LIST] - [SUMMARY]
Fact of the Case:
The petitioner, claiming himself to be the son of Suryakumar @ Vellaichamy, and resident of Door No.113B/264, Kondichampatti, Nadupatti Post, Aathur Post, Dindigul District, has sought for a Writ of Habeas Corpus, to produce the corpus of one Pandeeswari, claiming that she is his wife. He has also sought for a direction to produce the corpus of Nagarajan, claiming that he is his son.
Finding of the Court:
The court found that the petitioner had filed multiple Habeas Corpus Petitions with different names and false averments, and that he had a history of criminal activity. The court also found that the petitioner had abused the process of law by filing frivolous petitions and withdrawing them when faced with counter-affidavits or status reports from the police.
Issues: Whether the petitioner had abused the process of law by filing frivolous Habeas Corpus Petitions.
Ratio Decidendi: The court held that the petitioner had abused the process of law by filing frivolous Habeas Corpus Petitions and that he had a history of criminal activity. The court also found that the petitioner had made false averments in his affidavits and that he had attempted to create relationships with people in order to gain access to their property.
Final Decision: The court dismissed the Habeas Corpus Petition and imposed a cost of Rs.50,000/- to be payable by the petitioner to the official respondents.
S. Manikumar, J.
1. One Mr.S.Venkatramakrishnan @ Nagaraj, claiming himself to be the son of Suryakumar @ Vellaichamy, and resident of Door No.113B/264, Kondichampatti, Nadupatti Post, Aathur Post, Dindigul District, has sought for a Writ of Habeas Corpus, to produce the corpus of one Pandeeswari, claiming that she is his wife. He has also sought for a direction to produce the corpus of Nagarajan, claiming that he is his son.
2. In the supporting affidavit, the petitioner has stated that the alleged Nagarajan was born in the year 1992, through his first wife Easha. After the demise of his wife, he has married one Pandeeswari, and through her, he has two children namely, Dineshkumar and Mallieswari.
3. According to the petitioner, both he and his elder brother Venkatraman enjoyed the ancestral properties. He appointed the petitioner, as a trustee in VLB Janakiammal Trust. The petitioner was running VLB Janakiammal Arts and Science College and Srikrishna Engineering College. The petitioner has inducted Malarvizhi, in the trust.
4. The petitioner has claimed one Venkatraman as his elder brother. In Crime No.1018/1993, of B2 R.S.Puram Police Station, Coimbatore, the said Venkatraman has been convicted and incarcerated in Central Prison. He died suspiciously. Hence, the petitioner sent a complaint to the learned Judicial Magistrate, Coimbatore, against the prison authorities. Having grudge over the petitioner, Mr.Govindarajan, the then Deputy Inspector General of Central Prison, Coimbatore, with the help of hooligans, kidnapped and illegally detained the petitioner. Hence, he filed HCP (MD)No.880/2010 and thereafter, he was set at liberty.
5. The petitioner has further contended that cases were foisted against him. After coming out on bail, he decided to go to Palani temple. On 24.08.2014, he along with his wife Pandeeswari, stated to be his second wife, son Nagarajan and the trustee Malarvizhi, and driver Pechiappan, started from Coimbatore, in a Grey colour Toyota Innova Car bearing registration No.TN.38 AB 1199. They reached Palani bus stand at 09.00 A.M. After returning from the Toilet, in Palani bus stand, he found his wife, son and Malarvizhi, Pechiappan were missing. He could not find out the missing persons. When he came back to their institution at Coimbatore, to his shock and surprise, Malarvizhi was there with the General Manager Laxmipathi.
6. The petitioner has further contended that on the evil advice of Mr. P.Govindaraj, the then Deputy Inspector General of Central Prison, Coimbatore, respondents 4 and 5 have illegally detained his wife, Pandeeswari and son Nagarajan. He has sent a complaint to the police and Human Rights Commission, Chennai on 26.08.2014. Alleging inaction on the part of the police, the present Writ of Habeas Corpus has been filed.
7. When the matter came up for hearing, on behalf of the official respondents 1 to 3, notice was taken by Mr. C.Mayil Vahana Rajendran, learned Additional Public Prosecutor. Private parties have also entered appearance. Earlier, when the matter came up for hearing, learned Additional Public Prosecutor submitted that it is the practice of the petitioner to file frivolous petitions, by making averments to the effect that he is related to some X and Y, and it is not the first time, that such allegations are made against others. He also submitted that earlier, after hearing the arguments of the official respondents, when Habeas Corpus Petition No.1235/2012 filed by the petitioner was about to be dismissed, the learned counsel appearing for the petitioner withdrew his appearance. Hence, HCP(MD)No.1235/2012 was dismissed.
8. He further submitted that it is also the practice of the petitioner, to file Habeas Corpus Petitions with different names. In support of the above contentions, learned Additional Public Prosecutor furnished the details of three Habeas Corpus Petitions filed by the petitioner, (1)HCP (MD)No.305/2009, (2)HCP(MD)No.880/2010 and (3)HCP(MD)No.12
