JUDGMENT : (Prayer : To issue a Writ of Habeas Corpus or any other writ or Order or direction in the nature of writ of Habeas Corpus Directing the respondents no. 1 and 2 to produce the Body or person of detenue the petitioners sisters minor son namely Aswinsamraj.) Pursuant to the orders passed by this Court on 23.09.2019, the second respondent/ Police produced the detenu before this Court. 2. The learned Additional Public Prosecutor, on instructions, submitted that Lakshmanan with whom the detenu wants to stay, is a man with criminal antecedents. He submitted that Moontradaippu Police Station, Tirunelveli has registered a case in Crime No.100 of 2019 against Lakshmanan and another for the offence punishable under Sections 447, 294(b), 324, 323, 427 and 506(i) of IPC. The learned Additional Public Prosecutor further submitted that the second respondent was able to find the detenu only by tracing his mobile number, since he was not present with the said Lakshmanan. The detenu was ultimately found at Koondhankulam, which is 40 Kms away from the Police Station and the detenu was found abandoned. 3. We personally enquired the detenu. We asked him to explain as to how a forged Adhaar Card was produced before the Sub-Registrar, Palayamkkottai. The detenu informed us that he spoke with Lakshmanan and Lakshmanan arranged to create fabricated documents and the same was produced before the Sub- Registrar, Palayamkkottai. The detenu further stated that he is not with Lakshmanan for several days now and he is in touch with him only through phone calls. 4. We were able to notice that the detenu is now under the complete influence of Lakshmanan. When we suggested to the detenu that for his own interest, he has to say in a Home for some time before arrangements are made for admitting him in a Boarding School, the detenu vehemently opposed the said suggestion and he was adamant to stay only with Lakshmanan and he went to the extent of saying that he does not want to continue his studies also. It was shocking to hear from him that if the Court does not pass orders to his liking, he will even take the extreme step of committing suicide. 5. We clearly understand that the detenu, who is a child, is not talking from his senses and he is clearly addicted to some bad habits, probably through Lakshmanan. It was shocking to hear from him that if the Court does not pass orders to his liking, he will even take the extreme step of committing suicide. 5. We clearly understand that the detenu, who is a child, is not talking from his senses and he is clearly addicted to some bad habits, probably through Lakshmanan. We, therefore, find it imperative to keep him in close scrutiny since we are exercising parens patriae jurisdiction. The detenu requires counselling and he needs to be completely removed from the company of Lakshmanan. As an immediate step, we direct the second respondent/Police to take the detenu to the care and custody of the Secretary, Child Welfare Committee, Saranalayam, Tirunelveli Junction. It is made clear that Lakshmanan or any one of his friends or relatives shall not be allowed to go near the Home and make any attempts to get in touch with the detenu. The second respondent shall specifically inform the Secretary of the Home that the detenu has to undergo regular counselling in order to find out whether he is addicted to any bad habits. This step will help in identifying the psychological problem that is faced by the detenu and will enable this Court to pass appropriate orders after identifying the problem. The detenu shall be taken care of and shall be very closely monitored and at no point of time, the detenu shall be left alone in the Home and he shall not be allowed to go out of the Home. The second respondent Police or the officials belonging to the second respondent Police Station shall visit the Home daily twice in the morning and in the evening. 6. We had already directed the investigation to be taken over by the Assistant Commissioner of Police, Palayamkkottai. The second respondent Police or the officials belonging to the second respondent Police Station shall visit the Home daily twice in the morning and in the evening. 6. We had already directed the investigation to be taken over by the Assistant Commissioner of Police, Palayamkkottai. We had directed the Assistant Commissioner of Police to make certain enquiries and for proper understanding, we reiterate the same as follows: ''(a) A recognized residential School, where the detenu can be admitted to continue his studies; (b) The Bank, in which, the properties an be mortgaged for educational loan in order to ensure that there is sufficient money to spend for the education and stay of the detenu in the residential school; (c) The Police shall also get the date of birth details of the detenu from the School, where he last studied; (d) The Police shall also get the details of the date of birth that was submitted by the detenu before the Sub-Registrar, Palayamkkottai along with the documents, based on which, the power of attorney was registered.'' 7. The Assistant Commissioner of Police, Palayamkkottai apart from the above enquiries, shall also independently ensure that the second respondent Police regularly visits the Home and enquire about the detenu as directed by this Court. Some record shall be maintained to monitor the activity of the detenu. 8. That apart, the Assistant Commissioner of Police, Palayamkkottai shall also make an enquiry with the Office of the Tahsildar, Palayamkkottai and get the details as to how the Legal Heirship Certificate, dated 2.4.2018 in Paa.Mu.No.2309/2018 was obtained and what documents were given to the Tahsildar, for obtaining this Legal Heirship Certificate. We find that the Legal Heirship Certificate has been obtained by furnishing fabricated documents. The Assistant Commissioner of Police, Palayamkkottai shall also enquire as to who had prepared the bogus Adhaar Card and immediate action shall be taken against the concerned persons. 9. We find that the Power of Attorney document has been registered by furnishing bogus documents. Therefore, we direct the second respondent Police to immediately register an FIR based on this order, for the offence of forgery and cheating against the concerned accused persons by getting a complaint from the Sub- Registrar, Palayamkkottai. 9. We find that the Power of Attorney document has been registered by furnishing bogus documents. Therefore, we direct the second respondent Police to immediately register an FIR based on this order, for the offence of forgery and cheating against the concerned accused persons by getting a complaint from the Sub- Registrar, Palayamkkottai. The investigation shall be handed over to the Assistant Commissioner of Police, Palayamkkottai and investigation shall be commenced immediately and action shall be taken against the concerned accused persons in accordance with law. 10. We personally enquired the Sub-Registrar, Palayamkkottai, who reported to us that he believed the documents that were placed before him and registered the Power of Attorney. We are prima facie convinced that the documents furnished to the Sub-Registrar, Palayamkkottai are forged and fabricated documents. This was, in fact, openly admitted by the detenu before this Court when we enquired him about the same. Therefore, it is a document which was executed by the minor, which is non-est in the eye of law. We, therefore, direct the Sub-Registrar, Palayamkkottai to immediately cancel this document and the cancellation shall be reflected in the Encumbrance Certificate. This will ensure that further encumbrances/alienation will not happen with regard to the properties that belongs to the detenu. The Assistant Commissioner of Police, Palayamkkottai shall ensure that no one illegally occupies all the four properties that belongs to the detenu. Any illegal occupant shall be immediately evicted and all the four properties shall be locked and the Assistant Commissioner of Police, Palayamkkottai, shall keep the keys of all the four properties, under his control. 11. The second respondent and the Assistant Commissioner of Police, Palayamkkottai shall be present before this Court during the next date of hearing. They shall also bring the detenu along with them. 12. Post this Case on 15.10.2019, for further hearing.