Chageindia v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2015
CORAM
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.6915 of 2015 CHANGEindia, rep. by its Director A.Narayanan, No.7C, Daffodil, Ceebros Gardens, Arcot Road, Virugambakkam, Chennai-600 092.
.. Petitioner Vs.
1.Government of Tamil Nadu, rep. by the Chief Secretary, Secretariat, Chennai-600 009.
2.The Principal Secretary to Government, Department of Social Welfare and Nutritious Meals Programme, Secretariat, Chennai-600 009.
3.The Joint Secretary, Integrated Child Protection Scheme, Ministry of Women and Child Development, Government of India, Shastri Bhavan, New Delhi-110 001.
4.Tamil Nadu State Legal Services Authority, rep. by its Member Secretary, North Fort Road, High Court Campus, Chennai-600 104.
5.National Commission for Protection for Child Rights, rep. by its Member Secretary, 5th Floor, Chanderlok Building, 36, Janpath, New Delhi-110 001.
6.Tamil Nadu State Commission for the Protection of Child Rights, rep. by its Member Secretary, Purasalwakkam High Road, Kellys, Chennai-10.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to the respondents to fill up the posts of Probation Officers and that of District Child Protection Officers for all the 32 Districts of Tamil Nadu with suitable candidates having the required qualification and aptitude as per the norms laid out by Integrated Child Protection Scheme and also establish adequate number of Observation Homes, Special Homes and Reception Units and Government Children's Homes within a period of 3 months and submit a compliance report to the Hon'ble Court. For Petitioner : Mr.A.Narayanan Party-in-person For Respondents : Mr.STS.Moorthy Government Pleader assisted by Mr.V.Shanmugasundaram Government Advocate for R1, 2 &6 Mr.K.Raju CGSC R3 & 5 Mr.Teeka Raman The Member Secretary TamilNadu State Legal Services authority in Person R4
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) The petitioner, represented in person through its Director submits that he is not only satisfied with the report of the Juvenile Justice Committee, High Court, Madras, but feels that lot of efforts have gone into for making the report even beyond what he envisaged. Similarly, the Tamil Nadu State Legal Services Authority is stated to have played a very constructive role.
2. The petitioner states that the next stage is implementation of the report and the implementation has to be within a time bound schedule.
3. We are of the view that in view of the very comprehensive report prepared by the Juvenile Justice Committee, its implementation should also be monitored by the Committee itself to specify which are the urgent tasks to be performed and in how much time and which task may take a little longer. If the Juvenile Justice Committee finds any difficulty or impediment from any quarter, the same can be brought to the notice of this Court for necessary directions. The role of this Court would only be to keep the matter for compliance over a period of time till the task is over.
4. We express our appreciation for the constructive role played by the petitioner, Juvenile Justice Committee, High Court, Madras and the Tamil Nadu State Legal Services Authority, represented before us by its Member Secretary and close the writ petition with a direction to keep listing it for implementation/compliance.
5. The first meeting of the Committee may be called within two weeks from today for issuance of necessary directions.
6. List before the Court for compliance on 29.01.2016. 19.11.2015 This matter having been listed under the caption for reporting compliance on 5.2.2016 before the Honourable CJ & MMSJ subsequent in pursuance to the order of thsi Court dated 19.11.2015 and made herein in the presence of the aforesaid Counsels on the either side the Court made the following order:- The compliance report has been filed by the State Government. This should be placed before the Juvenile Justice Committee. The Juvenile Justice Committee would continue to monitor the different aspects till all the suggestions are implemented. In case of any difficulty, liberty to move the Court in this proceedings.
No further orders are required.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar
bbr To 1.The Chief Secretary, Secretariat, Chennai-600 009.
2.The Principal Secretary to Government, Department of Social Welfare and Nutritious Meals Programme, Secretariat, Chennai-600 009.
3.The Joint Secretary, Integrated Child Protection Scheme, Ministry of Women and Child Development, Government of India, Shastri Bhavan, New Delhi-110 001.
4.The Member Secretary, Tamil Nadu State Legal Services Authority, North Fort Road, High Court Campus, Chennai-600 104.
5.The Member Secretary, National Commission for Protection for Child Rights, 5th Floor, Chanderlok Building, 36, Janpath, New Delhi-110 001.
6.The Member Secretary, Tamil Nadu State Commission for the Protection of Child Rights, Purasalwakkam High Road, Kellys, Chennai-10.
Copy to:- 1.The Sub Assistant Registrar, Writ Section - for listing the matter.
2.The Section Officer Writ Section High Court, Madras 3.The Section Officer 'F'Section High Court Madras +1 cc to K.Raju Advocate sr.62718 1 cc to Government Pleader, Sr. 7813 W.P.No.6915 of 2015 aa25/11/2015 kk 17/2