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Madras High CourtWP/2400/2018disposed of

Peoples Watch v. Principal Secretary To

2023-07-17Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU People's Watch Represented by its Executive Director Henri Tiphagne No-32, Besant Road Chokkikilam Madurai - 625 002.

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Petitioner Vs.

1. Principal Secretary to Government Social Welfare and Nutritious Meal Programme (SW8) Department Secretariat, Chennai - 600 009.

2. The Commissioner Social Defence No-300, Purasaiwakkam High Road Chennai - 600 010.

3. The Director / Secretary State Child Protection Society Department of Social Defence No.300, Purasawalkam High Road Kellys, Chennai - 600 010.

4. The Joint Secretary Integrated Child Protection Scheme Ministry of Women and Child Development Government of India, Shastri Bhavan New Delhi - 110 001.

5. The Chairperson The Tamil Nadu Commission for Protection of Child Rights No-183/1, Periyar EVR Road Poonamalli High Road Kilpauk, Chennai - 600 010.

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Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records relating to the impugned Government Order passed by the first respondent office vide G.O. (D) No.198 stated 20.09.2017 and G.O. (D) No.199 dated 21.09.2017 and quash the same as illegal and consequently direct the first respondent to appoint District Child Protection Officers in accordance with the guidelines of the Integrated Child Protection Scheme and the recommendations of the juvenile justice Committee of the Hon'ble Madras High Court within a stipulated time that may by fixed by this Hon'ble Court. For the Petitioner : Ms.Akila.R.S For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) We heard Ms.Akila.R.S, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents.

2. The petitioner is challenging the Government Orders dated 20.09.2017 and 21.09.2017.

3. It is not disputed by learned counsel for the parties that the challenge to the same has become infructuous. It appears that the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 has also undergone further amendments.

4. In the light of the above, the present writ petition is disposed of. The petitioner is at liberty to file a fresh one, if according to the

petitioner the respondents are not adhering to the provisions of the relevant statute and the Rule. There will be no order as to costs. Consequently, W.M.P.No.2920 of 2018 is closed. (S.V.G., CJ.) (P.D.A., J.) 17.07.2023 Index :

Yes/No :

Yes/No drm

To

1. Principal Secretary to Government Social Welfare and Nutritious Meal Programme (SW8) Department Secretariat, Chennai - 600 009.

2. The Commissioner Social Defence No-300, Purasaiwakkam High Road Chennai - 600 010.

3. The Director / Secretary State Child Protection Society Department of Social Defence No.300, Purasawalkam High Road Kellys, Chennai - 600 010.

4. The Joint Secretary Integrated Child Protection Scheme Ministry of Women and Child Development Government of India, Shastri Bhavan New Delhi - 110 001.

5. The Chairperson The Tamil Nadu Commission for Protection of Child Rights No-183/1, Periyar EVR Road Poonamalli High Road Kilpauk, Chennai - 600 010.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm) W.P.No .2400 of 2018 17.07.2023