Krishnapriya Foundation v. Union Of India (Deleted)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.02.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Krishnapriya Foundation Rep by its Trustee, Krishnapriya 5/3, Lynwood Avenue Nungambakkam, Chennai-34.
.. Petitioner Vs 1 The Union of India Rep by its Secretary Ministry of Information and Broadcasting Room No.552 A Wing Sastri Bhavan New Delhi- 110001 2 The Chief Secretary to Government Government of Tamil Nadu Secretariat Fort St.George Chennai-9.
3 The Secretary to Government Department of Home Prohibiton and Excise Secretariat Fort St. George Chennai-9.
4 The Secretary to Government Social Welfare Department Secretariat Fort St.George Chennai-9 (Cause title amended vide order dt 03/06/2019)
5 The Director General of Police Dr.Radhakrishnan Salai Mylapore Chennai-4 6 The Director Central Bureau of Investigation New Delhi.
7 The Joint Director and Head of Zone Central Bureau of Investigation 3rd Floor EVK Sampath Building College Road Chennai-6 (R1, R2, R6 and R7 are deleted vide order dt 03/06/2019) 8 The Director of Medical Education Govt of Tamilnadu.
(R8 impleaded vide order dt 18/07/2019) 9 The Secretary to the Government Health and Family Welfare Department Government of Tamil Nadu Chennai.
(R9 impleaded as per order dt 08/08/2019) 10 The Secretary to Government Public Works Department Government of Tamil Nadu.
.. Respondents (R10 SUOMOTU IS IMPLEADED VIDE ORDER DT. 28/08/2019) Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct respondents 1 to 4 to consider the representation dated 11-4-2019 and draw up a scheme for the establishment of counselling centers in each of the police Stations throughout the State of Tamil Nadu.
For the Petitioner : Mr.M.Aravindsubramaniam Senior Counsel for Mr.A.Sathasivam
For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for respondents 3 to 5, 8 to 10 : Respondents 1, 2, 6 and 7 deleted vide order dated 3/6/2019
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.M.Aravindsubramaniam, learned Senior Counsel appearing on behalf of Mr.A.Sathasivam, learned counsel for the petitioner; and Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 3 to 5 and 8 to 10.
2. The matter in issue pertains to the establishment of One Stop Centres in various hospitals run by the Government.
3. According to learned Senior Counsel, the funds are received from the Central Government for establishment of One Stop Centres, but the Government has not taken the required steps.
4. On the last date, we had asked learned State Government Pleader to place on record the present status. Today, a status report is filed by the fourth respondent.
5. As per the status report, the Government of India approved 38 One Stop Centres, i.e., one centre per district, including one additional centre for Chennai. Out of this, new buildings have been constructed for 30 centres. The same are enumerated in the status report.
6. The status report further states that the first installment fund has been received for the construction of One Stop Centre at Tenkasi and the construction work has crossed lintel level. For the districts of Tiruchirappalli, Pudukottai, Kallakurichi, Ranipet and Tiruppathur, the the first installment fund has been received for the construction of One Stop Centre at the rate of Rs.60 lakh per centre. The Public Works Department has stated that the said amount is insufficient to construct the centres for the year 20232024 and a request has been made to sanction additional funds at
the rate of Rs.86.50 lakh per centre. The land identification is under process for the construction of One Stop Centres functioning in the government hospital buildings at Chengalpet and Kancheepuram.
7. Paragraphs 9 to 11 of the status report read thus: "9. It is respectfully submitted that Government of India have approved additional One Stop Centres in the Corporations of Avadi (Thiruvallur), Coimbatore, Dindigal, Tirunelveli, Tiruppur, Tirichirappalli and one in newly created district of Mayiladuthurai in 20232024 which are also functioning in Government Hospital buildings.
10. It is respectfully submitted that the total strength sanctioned for the functional One Stop Centres is 494. Of which 408 posts were filled up. Since these posts are on contractual basis, attrition is quite high. As and when vacancies arises, the District Collectors are taking action to fill up vacant posts.
11. It is respectfully submitted that so far, 63,285 cases were registered in One Stop Centres of the State till January 2024. Various services such as
Medical Assistance, Police Assistance, Legal Support, Psycho Social Counseling, Short stay shelter and information related to Government Schemes are provided to the needy women."
8. It would appear that the One Stop Centres at some of the places have started functioning. 63285 cases were registered in the One Stop Centres till January, 2024. The government shall take steps to fill up the vacancies, if any, in the said One Stop Centres on priority basis.
9. The remaining eight One Stop Centres shall be constructed expeditiously, The departments concerned shall coordinate and take earnest efforts to establish the One Stop Centres at the remaining places and we expect that all the 38 One Stop Centres would start functioning within six to eight months.
10. With these observations, the writ petition is disposed of. There shall be no order as to costs.
Consequently, W.M.P.Nos.13843 and 13844 of 2019 are closed.
A status report shall be filed by the authorities qua the further progress on or before 25.4.2024. Place the matter on 25.4.2024. (S.V.G., CJ.) (D.B.C., J.) 21.02.2024 Index :
Yes/No Yes/No sasi To 1 The Secretary to Government Department of Home Prohibiton and Excise Secretariat Fort St. George Chennai-9.
2 The Secretary to Government Social Welfare Department Secretariat Fort St.George Chennai-9 3 The Director General of Police Dr.Radhakrishnan Salai Mylapore Chennai-4 4 The Director of Medical Education Govt of Tamilnadu.
5 The Secretary to the Government Health and Family Welfare Department Government of Tamil Nadu Chennai.
6 The Secretary to Government Public Works Department Government of Tamil Nadu.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
(sasi) 21.02.2024