Eternal World Trust v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.23959 OF 2019 AND WMP.NOS.23815 OF 2019 & 4654 OF 2020 Eternal Word Trust Represented by its Managing Trusteee Mrs.Vimala Jacob No.11 F, Murugesan Nagar, Villivakkam, Chennai - 600 049.
.. Petitioner Vs.
1. State of Tamil nadu, rep.by the Secretary to Government, Home Department, Fort St.George, Chennai 600 009.
2. The Director General of Police, Mylapore, Chennai 600 004.
3. The Commissioner of Police, Greater Chennai, E.V.R. Road, Vepery, Chennai.
4. Mr.John Sundar The Assistant Commissioner of Police, Greater Chennai (West) HCF Main Road, Avadi, Chennai - 600 054.
5. Mr.Chandrasekaran Inspector of Police, (Law and Order) Thirumullai Voyal Police Station (T10) CTS Salai, Thirumullaivoyal,
6. Mr.Elango Sub Inspector of Police, HCF Main Road, Avadi, Chennai - 600 054.
7. Mr.Mani, Sub-Inspector of Police, Thirumullai Voyal Police Station (T10) CTS Salai, Thirumullaivoyal,
8. Mr.Narayana Murthy, Police Constable, Thirumullai Voyal Police Station (T10) CTS Salai, Thirumullaivoyal,
9. The Inspector of Police (Law and Order) Thirumullai Voyal Police Station (T10) CTS Salai, Thirumullaivoyal, 10.State of Tamil Nadu, rep.by the Secretary to Government, Department of Social Welfare and Nutritious Meal, Fort St. George, Chennai 600 009.
11.Director of Social Welfare, Office of the Directorate of Social Welfare and Nutritious meal Program, Government of Tamil Nadu, Old Engineering College Complex, Chepauk, Chennai 600 005.
12.Deputy Director of (Social Welfare/in-charge) Office of the Directorate of Social Welfare, Chepauk, Chennai 600 005/ 13.The Commissioner of Social Welfare, Commissionerate of Social Welfare, No.58, Arunachalam Street, Chindadripet, Chennai 600 002.
14.District Social Welfare Officer No.18, Ma.Po.C.Nagar, Thiruvallur 602 001.
15.Child Welfare committee, No.13, Dr.Abdul Kalam Street, M. Nagar, Thiruvallur 602 001.
16.The District Child Protection Officer, No.18, Ma.Po.Se. Salai, Thiruvallur.
17.The Thasildhar, Ambattur Taluk, Ambattur, Thiruvallur District.
18. Mr.John Premkumar
19. Mr.Isreal Jebaraj
20. Mrs.Rachel Lazarus
21. Mr.Murthy
22. The Deputy Commissioner of Police, Ambattur, Chennai.
(R1,R2,R10 to R17 - deleted as per Court order dated 16.08.2019 in W.P.No.23959 of 2019) (R22 is suo-motu impleaded vide court order dated 16.08.2019 in W.P.No.23959 of 2019) .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents 1 and 2 to enquire into the complaint dated 27.07.2019 submitted by the petitioner against respondents 4 to 8 and initiate appropriate proceedings against respondents 4 to 8 directing restoration of the building Eternal Word Children Home (Boys Block) 310, Children Home Street, Saraswathi Nagar, Thirumullai Voyal, Chennai - 600 062 to the petitioner Trust.
For Petitioner : Mr.Selvaraj Senior Counsel for Devadason and Sagar For Respondents : Mr.C.E.Pratap Nos.3,9,22 Government Advocate (Crl.side) For Respondent Nos.18,19,20 : Mr.R.Bhagawat Krishnan
O R D E R
The Writ Petition has been filed to direct the respondents 1 and 2 to enquire into the complaint dated 27.07.2019 submitted by the petitioner against respondents 4 to 8 and initiate appropriate proceedings against them.
2. This Court, by its order dated 16.08.2019, deleted the name of respondents 1 and 2 from the cause title, as they are not necessary parties in this Writ Petition. The learned counsel appearing for the petitioner, on instructions, submitted that it would suffice if this Court issues direction to the 3rd respondent to enquire and pass orders in the complaint dated 27.07.2019 against the respondents 4 to 8.
3. The learned Government Advocate (Crl.Side) appearing for the State have no serious objection for the relief sought for by the learned counsel appearing for the petitioner and this Court may issue direction to the Commissioner of Police to depute some competent authority to conduct enquiry in between the parties on the complaint dated 27.07.2019.
4. In view of the limited request sought for by the petitioner and the consent expressed by the learned counsel appearing on either side, this Court issues direction to the 3rd respondent to depute competent authority to conduct enquiry between the parties on the complaint of the petitioner dated 27.07.2019 and and file appropriate report before the 3rd respondent, who, in turn, after receipt of the final report from the competent authority, shall pass necessary orders, within a period of twelve weeks from the date of receipt of a copy of this order.
5. This Criminal Original Petition is disposed of with the above observation. No costs. Consequently connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sk
To
1. The Commissioner of Police, Greater Chennai, E.V.R. Road, Vepery, Chennai.
2. The Inspector of Police (Law and Order) Thirumullai Voyal Police Station (T10) CTS Salai, Thirumullaivoyal,
3. The Deputy Commissioner of Police, Ambattur, Chennai.
+1cc to Mr.Devadason & Sagar, Advocate, S.R.No.42127 +1cc to Mr.R.Bhagawat Krishnan, Advocate, S.R.No.42129 W.P.No.23959 of 2019 and WMP.Nos.4654 of 2020 & 3815 of 2019 PM/27/09/2021