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2006 DIGILAW 2091 (MAD)

Chinnapaiyan @ Chinnappan v. The State rep. by its Secretary to Government & Others

2006-08-21

P.SATHASIVAM, S.MANIKUMAR

body2006
Judgment :- (Petition filed under Article 226 of the Constitution of India praying for issuance of writ of habeas corpus as stated therein) P. Sathasivam, J. The petitioner by name Chinnapaiyan @ Chinnappan, has filed this petition seeking direction to respondents to produce the corpus of his wife (i) Smt. Chinnapponnu, aged about 35 years; (ii) Arumugam, aged about 33 years; (iii) Smt. Dhanam, aged about 25 years and a male child aged about 3 years and other close relatives of him from the illegal custody of the 5th respondent before this Court and set them at liberty. 2. Pursuant to the direction of this Court, all the detenus mentioned in this petition were brought before this Court on 06.06.2006. We enquired them. In addition to the same, we directed the Revenue Divisional Officer, Tirunelveli to enquire all the persons concerned and submit a report with reference to the grievance expressed by the petitioner in this petition. Pursuant to the same, the Revenue Divisional Officer, Tirunelveli has filed his report. The report shows that the Revenue Divisional Officer enquired the detenus as well as other contractors, visited the quarry site and has concluded, "It is submitted that my general enquiry in the crusher reveals that the labour working in the crusher are engaged on a contract basis. They are getting an annual contract amount of Rs.25,000/- to Rs.40,000/- per couple. Wages are paid at the rate of Rs.150/- per unit of Jelly loaded wage amount is disbursed fortnightly once. A daily wage of Rs.200/- is earned per head. 50% of the wage is deducted towards contract amount paid in advance. Free housing with electricity, water and T.V. Facilities are provided very near to the work spot. No complaint of bondage was given to my notice. All are working willingly and they got free access to their native place as and when required. It is submitted that my enquiry reveals that the writ petitioner and his family is available neither at Reddiyapatti in Tirunelveli District nor at their native place Sadayamplayam in Salem District. No complaint of bondage was given to my notice. All are working willingly and they got free access to their native place as and when required. It is submitted that my enquiry reveals that the writ petitioner and his family is available neither at Reddiyapatti in Tirunelveli District nor at their native place Sadayamplayam in Salem District. It is therefore submitted that they could not be enquired by me in person." In view of the factual conclusion arrived at by the Revenue Divisional Officer, Tirunelveli and also of the fact that the detenus appeared before this Court and set them liberty, we are of the view that no further adjudication is required in this petition; accordingly, the same is closed.