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2025 DAILYLAW 51046 (AP)

GANDHAM KARUNAMMA v. THE STATE OF ANDHRA PRADESH

WP/29571/2025 · 2025-11-03

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010574412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29571/2025 Between: 1. GANDHAM KARUNAMMA, W/O.LATE YESOBU, AGED ABOUT 84 YEARS, R/O.SRI RAMAPURAM VILLAGE, VELERUPADU MANDAL ELURU DISTRICT, A.P. 2. MASTER GANDHAM SHAKTHI SANDEEP, , S/O.LATE GANDHAM SUNDARA RAO AGED ABOUT 12 YEARS, R/O.SRI RAMAPURAM VILLAGE, VELERUPADU MANDAL, ELURU DISTRICT, A.P. (BEING A MINOR, REP. BY HIS GRANDMOTHER AND GUARDIAN SMT.GANJHAM KARUNAMMA, THE PETITIONER HEREIN 3. MASTER GANDHAM SRUTIK,, S/O. LATE GANDHAM SUNDARA RAO, AGED ABOUT 14 YEARS, R/O.SRI RAMAPURAM VILLAGE, VELERUPADU MANDAL, ELURU DISTRICT, A.P. (BEING A MINOR, REP. BY HIS GRANDMOTHER AND GUARDIAN SMT.GANJHAM KARUNAMMA, THE 1ST PETITIONER HEREIN ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT, ELURU. 3. THE COLLECTOR AND DISTRICT MAGISTRATE, ELURU DISTRICT, ELURU. 2 4. THE PROJECT DIRECTOR, INTEGRATED CHILD DEVELOPMENT SERVICES (ICDS) PROJECT OFFICE, ELURU DISTRICT. 5. THE STATION HOUSE OFFICER, KUKUNOOR POLICE STATION, ELURU DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus, to issue a Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus, declaring the actions of the Respondents, particularly. Respondent Nos.4 and 5, in threatening, coercing, and interfering with the custody and peaceful life of the Petitioners, as illegal, arbitrary, unconstitutional and without jurisdiction and consequently direct the respondents not to interfere with the lawful custody of the minor Petitioners 2 and 3, and to provide police protection to the petitioners from any harassment or coercive action at the instance of Smt. Usha and her companion Siva Kumar, and to pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to interfere with the lawful custody of the minor Petitioners 2 and 3, and to provide police protection to the petitioners from any harassment or coercive action at the instance of Smt. Usha and he companion Siva Kumar, pending disposal of the writ petition, and grant such other or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner(S): 1. V R MAHESWARA RAO PALETI Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29571 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus, to issue a Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus, declaring the actions of the Respondents, particularly. Respondent Nos.4 and 5, in threatening, coercing, and interfering with the custody and peaceful life of the Petitioners, as illegal, arbitrary, unconstitutional and without jurisdiction and consequently direct the respondents not to interfere with the lawful custody of the minor Petitioners 2 and 3, and to provide police protection to the petitioners from any harassment or coercive action at the instance of Smt. Usha and her companion Siva Kumar, and to pass…” 2. Heard Sri V.R.Maheswara Rao Paleti, learned counsel for the petitioners and Sri V.Farook, learned Assistant Government Pleader for Home for the official respondents. 3. Learned Assistant Government Pleader for Home, on written instructions, would submit that basing on the complaint made by the mother of the children, the petitioner was called to the police station along with the children. But the children are reluctant to go to the mother. Learned Assistant Government Pleader would further submit that they have closed the complaint which was made by the mother of the children and they are not interfering in the family disputes between the parties regarding the minor children. 4 4. Recording the same, this Writ Petition is disposed of. There shall be no order as to costs. However, the parties are at liberty to work out their remedies before appropriate forum according to law. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 04.11.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.29571 of 2025 Dated.04.11.2025 UPS 109