Dismissed¶32

Poongodi v. The District Collector

Madras HC8 Jan 2026HCP/1949/2025

Case brief

AI extract

What is this about?

Madras High Court, H.C.P.No.1949 of 2025, decided 08.01.2026 (order by P.Velmurugan, J.; bench with M.Jothiraman, J.). Mother's habeas corpus petition under Article 226 seeking custody of minor children Siva Kumar (11) and Anushree (10) from third respondent Children Care Taker, Life Line Trust Children Home, Salem; fourth respondent Palanivel a natural guardian. Petitioner failed to appear despite repeated directions; on 08.10.2025 the children stated before the Court they were unwilling to go with their mother. No material of illegal detention; children's expressed wishes and fourth respondent's natural guardianship weighed; petition dismissed with liberty to pursue other remedies.

What did the court decide?

Petitioner left at liberty to work out her remedy in the manner known to law. ¶32

Poongodi Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Petitioner left at liberty to work out her remedy in the manner known to law.

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Issue for consideration

Whether a Writ of Habeas Corpus should be issued directing the third respondent to produce the detenue minor children, Siva Kumar (aged 11) and Anushree (aged 10), and entrust their custody to the petitioner/mother.

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Court's answer

In the absence of any material to establish illegal detention of the minor children, and having regard to their expressed wishes, the Court held that no ground was made out for issuance of the Writ of Habeas Corpus Petition.

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Ratio / Principle

Since the fourth respondent is also one of the natural guardians of the children, no ground was made out for issuance of the Writ of Habeas Corpus Petition and it was liable to be dismissed; accordingly the petition stands dismissed, with the petitioner left at liberty to work out her remedy in the manner known to law.

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Detailed headnote1 paragraphs

Habeas Corpus Petition (H.C.P.No.1949 of 2025) filed under Article 226 of the Constitution of India by a mother (Poongodi) seeking custody of her two minor children, Siva Kumar (aged 11) and Anushree (aged 10), held by the third respondent Children Care Taker (Life Line Trust Children Home and Adoption Centre, Salem); the fourth respondent, Palanivel, is a natural guardian of the children. Order dated 08.01.2026 by P.Velmurugan, J., bench comprising P.Velmurugan and M.Jothiraman, JJ. The Court observed that the petitioner/mother had not appeared despite directions issued on several occasions, showing lack of diligence. When the matter was heard on 08.10.2025, the minor children in the third respondent's custody appeared before the Court and stated they were not willing to go with their mother. Finding no material to establish illegal detention of the children, and having regard to their expressed wishes and to the fact that the fourth respondent is also one of their natural guardians, the Court held that no ground was made out for issuance of the Writ of Habeas Corpus Petition and dismissed it, leaving the petitioner at liberty to work out her remedy in the manner known to law.

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HCP.No.1949 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.01.2026

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CORAM

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THE HONOURABLE MR.JUSTICE P.VELMURUGAN

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AND

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THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

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H.C.P.No.1949 of 2025

Poongodi

... Petitioner

Versus

The District Collector, District Collectorate, Salem.

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District Child Welfare Officer, District Collectorate, Salem.

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Children Care Taker, Life Line Trust, Children Home and Adoption Centre and Bintha Female Children Illam II, 3^rd Cross Chandran Garden, Chinna Tirupathi, Salem – 636 006.

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Palanivel .. Respondents

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https://www.mhc.tn.gov.in/judis

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HCP.No.1949 of 2025

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Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution

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Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus, to direct the 3^rd respondent to hand over the detenue minor children of the petitioner Siva Kumar, S/o.Palanivel, aged 11 years and Anushree, D/o.Palanivel, aged 10 years before this Court and entrust the custody of the petitioner’s minor children to the petitioner/mother herein.

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For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.A.Damodaran Additional Public Prosecutor assisted by Mr.M.Karthikeyan for R1 and R2

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O R D E R

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(Order of the Court was made by P.VELMURUGAN, J.)

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Despite the directions issued by this Court on several occasions, the

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petitioner/mother has not appeared before this Court, which shows lack of diligence on the part of the petitioner.

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A perusal of the records it is seen that when the matter was taken

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up for hearing on 08.10.2025, the minor children, who are under the custody of the third respondent/ Children Care Taker, appeared before this Court and

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stated that there are not willing to go with their mother/petitioner.

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https://www.mhc.tn.gov.in/judis

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HCP.No.1949 of 2025

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In the absence of any material to establish illegal detention of the

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minor children, and having regard to their expressed wishes, this Court is of the considered view that since fourth respondent is also one of the natural guardians of the children, no ground is made out for issuance of Writ of Habeas Corpus Petition and the same is liable to be dismissed. Accordingly, Writ of Habeas Corpus Petition stands dismissed. However, the petitioner is at liberty to work out her remedy in the manner known to law.

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[P.V.,J.] [M.J.R.,J.] 08.01.2026

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Index: Yes/No Neutral Citation: Yes/No ms

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