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Madras High CourtWP/25291/2024disposed of with direction

L.Thirumaran v. The Chairperson,

2024-09-03Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI L.Thirumaran ... Petitioner Vs.

The Chairperson, Child Welfare Committee, Department of Social Defense, Iyyanthirumaligai, Salem-636 008.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondent to issue Certificate declaring the child legally free for adoption as per Regulation Rule 2(5), 6(13) and 7(17) to the petitioner, based on the representation dated 21.07.2023.

For Petitioner :

Mr.S.Varanesh For Respondent : Mr.LSM.Hasan Fizal Additional Government Pleader

O R D E R

This Writ Petition has been filed to direct the respondent to issue the Certificate for declaring the child legally free for adoption, based on the representation dated 21.07.2023.

2. The case of the petitioner is that the petitioner has approached the first respondent/Child Welfare Committee for adopting the child and he was declared as fit person for foster care of the child for a period of three years and thereafter, it was extended for another period of two years. However, permanent adoption was not given to the petitioner and therefore, the petitioner has made a representation on 21.07.2023, however, the same has not been considered so far. Therefore, the petitioner has filed the present writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the respondent is directed to dispose of the representation of the petitioner, dated 21.07.2023 on merits and in accordance with law, within a specified period.

4. The learned Additional Government Pleader appearing for the respondent has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondent to consider the representation of the petitioner, dated 21.07.2023 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

03.09.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb To The Chairperson, Child Welfare Committee, Department of Social Defense, Iyyanthirumaligai, Salem-636 008.

M.DHANDAPANI, J.

ssb 03.09.2024