Mom Foundation v. The Commissioner Of Social Defence,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.05.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN And W.M.P.No.15407 of 2024 MOM Foundation Rep. by Founder and Director Kasturi Paulraj ... Petitioner Vs.

1.The Commissioner of Social Defence O/o.Commissionerate of Social Defence No.300, Purusawalkam High Road, Kellys, Chennai District, Chennai.

2.The District Collector, Vellore District, Vellore.

3.The Chairman, Children Welfare Committee, Vellore District, Vellore.

4.The District Children Protection Officer, District Children Protection Office, Vellore, Vellore District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to 1/5

issue a Writ of Certiorarified Mandamus to call for the records relating to the letter issued by the fourth respondent vide Ka.No.385/DCPU/ 2024 dated 18.05.2024 and quash the same consequently direct the fourth respondent herein to permit the petitioner to run the Karunalaya Children Home at Karunalaya Road, Eden Campus, Jafrapet, Vellore by handing over 17 children who were taken into custody by fourth respondent on 18.05.2024.

For Petitioner : Mr.T.Muruganantham For Respondents : Mr.E.Sundaram Government Advocate

O R D E R

This writ petition has been filed seeking issuance of Writ of Certiorarified Mandamus to call for the records relating to the letter issued by the fourth respondent dated 18.05.2024 and quash the same, consequently direct the fourth respondent to permit the petitioner to run the Karunalaya Children Home at Karunalaya Road, Eden Campus, Jafrapet, Vellore by handing over 17 children who were taken into custody by fourth respondent on 18.05.2024. 2.Heard both sides.

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3.The petitioner has been running a Children Home since 2003. It appears that one child died in an accident that took place in the Home premises. In this background, the fourth respondent vide communication dated 18.05.2024 informed the petitioner that a proposal is to be submitted before the District Collector for suspending the petitioner's Registration under the Juvenile Justice (Care and Protection of Children) Act, 2015. This communication is put to challenge.

4.As rightly pointed out by the learned Government Advocate, the impugned order by itself does not take away the rights of the petitioner although it states that the Collector is proposed to be moved for suspending the petitioner's licence. The petitioner is permitted to submit a representation before the first respondent. Before the first respondent pass any adverse order, the petitioner shall be heard and the petitioner's representation shall be taken into account. I however make it clear that I have not gone into the merits of the matter.

5.The writ petition is disposed of accordingly. No costs. 3/5

Consequently, the connected miscellaneous petition is closed. The petitioner undertakes to submit the representation, within a period of seven days from the date of receipt of a copy of this order. 25.05.2024 pri/grs Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Commissioner of Social Defence O/o.Commissionerate of Social Defence No.300, Purusawalkam High Road, Kellys, Chennai District, Chennai.

2.The District Collector, Vellore District, Vellore.

3.The Chairman, Children Welfare Committee, Vellore District, Vellore.

4.The District Children Protection Officer, District Children Protection Office, Vellore, Vellore District.

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G.R.SWAMINATHAN,J.

pri/grs And W.M.P.No.15407 of 2024 25.05.2024 5/5