Madras High Court
WP(MD)/28781/2026 of Anantha Selvi Vs The District Collector on 13 October 2026
WP(MD) No. 28781 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13-10-2026
CORAM
THE HON'BLE MR JUSTICE SENTHILKUMAR
RAMAMOORTHY
WP(MD) No. 28781 of 2026
CNR:{HCMD011390542026}
AND
WMP(MD) No. 21822 of 2026
Anantha Selvi
..Petitioner(s)
Vs
1. The District Collector,
Thoothukudi District,
District Collectorate Office Complex,
Korampallam, Thoothukudi.
2. The Chairperson / Members,
Child Welfare Committee (CWC),
176, Muthumaalai Building,
Mani Nagar, 2nd Street,
Palai Road, Thoothukudi.
3. The Superintendent of Police,
Thoothukudi District,
Office of the Superintendent of Police,
Thoothukudi.
4. The Inspector of Police,
Tiruchendur Taluk Police Station,
Tiruchendur, Thoothukudi District.
5. The Tahsildar,
Tiruchendur Taluk Office,
Tiruchendur,
Thoothukudi District.
6. Anand
..Respondent(s)
WP(MD) No. 28781 of 2026
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, i) Directing Respondent No. 2 to grant liberty to the Petitioner to initiate and finalize proceedings under the Guardians and Wards Act (GWOP) before the competent jurisdictional court ii) Restraining Respondent No. 2 from taking any coercive action or disturbing the child’s custody pending disposal of the representation dated 21.09.2026 and filing of the GWOP.
For Petitioner(s):
M/s K.Jerish Neeraj
For R1, 2 & 5 :
Mr.R.Parthiban
Special Government Pleader
For R3 & R4
:
Mr.R.Mohamed Riyaz
Government Advocate (Crl.Side)
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ORDER
Asserting that the petitioner is the biological mother of a male child named Muthu Sivaram from and out of a relationship with one Mr.Pechimuthu, the petitioner has filed this Writ Petition for a Mandamus directing the second respondent to grant leave to the petitioner to file proceedings under the Guardians and Wards Act, 1890, before the jurisdictional Court and to restrain the second respondent from taking any coercive action or disturbing the child’s custody pending disposal of the representation.
WP(MD) No. 28781 of 2026
2. Mr.R.Parthiban, learned Special Government Pleader, accepts notice for the respondents 1, 2 and 5. He submits that the child is presently in the custody of the sixth respondent, who is not connected with the child.
3. Mr.R.Mohamed Riyaz, learned Government Advocate (Crl.Side), accepts notice for the respondents 3 and 4.
4. Apart from stating in the affidavit that the child was delivered at home without regular hospital admission, there is no evidence of even a prima facie nature that the petitioner is the biological mother of the child. The child is admittedly in the custody of a third party, namely, the sixth respondent herein. In these circumstances, the action said to have been initiated by the second respondent appears to be with a view to protect the interest of the child. Consequently, no case is made out for interference. This order will not, however, stand in the way of the petitioner initiating appropriate legal proceedings to establish that she is the biological mother of the child and to claim any further rights on that basis.
WP(MD) No. 28781 of 2026
5. This Writ Petition stands disposed of on the above terms. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No apd To
1. The District Collector, Thoothukudi District, District Collectorate Office Complex, Korampallam, Thoothukudi.
2. The Chairperson / Members, Child Welfare Committee (CWC), 176, Muthumaalai Building, Mani Nagar, 2nd Street, Palai Road, Thoothukudi.
3. The Superintendent of Police, Thoothukudi District, Office of the Superintendent of Police, Thoothukudi.
4. The Inspector of Police, Tiruchendur Taluk Police Station, Tiruchendur, Thoothukudi District.
5. The Tahsildar, Tiruchendur Taluk Office, Tiruchendur, Thoothukudi District.
WP(MD) No. 28781 of 2026 SENTHILKUMAR RAMAMOORTHY, J. apd WP(MD) No. 28781 of 2026 AND WMP(MD) No. 21822 of 2026 13-10-2026