Grama Ezhai Mattrum Thikkatror Nala Sangam v. The Commissioner Of Social Welfare

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI WRIT PETITION NO.34605 OF 2019 Grama Ezhai Mattrum Thikkatror Nala Sangam, rep. by its Secretary, Karaikkal Village and Post, Arakkonam Taluk, now Nemili Taluk, Vellore District.

...Petitioner

vs.

1.The Commissioner of Social Welfare, State Child Protection Society, Department of Social Defence, Purasawakkam, Chennai 600 010.

2.The District Child Protection Officer, Office of the District Child Protection Office, Anna Salai, Vellore - 1.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the Respondents to pass necessary orders on the Petitioner's registration renewal Application dated 09.08.2019 and consequently, until necessary orders are passed, to restrain the Respondents from interfering with the functioning of the Petitioner Sangam.

For Petitioner :

Mr.G.Jeremiah For Respondents :

Mr.K.Karthikeyan, Government Advocate

O R D E R

Petitioner has come up with the present Writ Petition seeking a direction to the Respondents to pass necessary orders on their registration renewal Application dated 09.08.2019 and to restrain the Respondents from interfering with the functioning of the Petitioner Sangam, till necessary orders are passed.

2.

It is stated by the Petitioner that, their Sangam was established in the year 1996 to provide education and home to the needy children and it is registered under the Societies Registration Act vide S.C.No.1 of 1996, dated 04.01.1996 and accredited by the Directorate of Social Welfare under Recognition No.199 of 2003, dated 27.05.2003 to run a home for destitute children with the sanctioned strength of 50 children. Upon expiry of the registration on 13.11.2019, the Petitioner Sangam submitted an Application on 09.08.2019 for renewal of its registration, to the 2nd Respondent herein. However, the Petitioner was shocked to receive the communication dated 07.11.2019 from the 2nd Respondent stating that, the Petitioner had failed to submit the renewal Application. Hence, the Petitioner Sangam submitted the renewal Application directly to the 1st Respondent on 14.11.2019 and also to the 2nd Respondent along with all requisite Certificates. As no orders are passed on their Application, the Petitioner is before this Court. 3.

Learned counsel for the Petitioner submitted that, this Court may issue a direction to the Respondents to consider the Petitioner's renewal Application dated 09.08.2019 within a stipulated time.

4.

Heard the learned counsel on either side and perused the material documents available on record.

5.

Considering the facts and circumstances of the case and without going into its merits, this Court directs the Respondents herein to consider the Petitioner's renewal Application dated 09.08.2019 in accordance with law and pass appropriate orders after affording an opportunity of hearing to the Petitioner, within a period of six weeks from the date of receipt of a copy of this order.

The Writ Petition is disposed of accordingly. No costs. Consequently, connected W.M.P.No.35358 of 2019 is closed. Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar (aeb) To:

1.The Commissioner of Social Welfare, State Child Protection Society, Department of Social Defence, Purasawakkam, Chennai 600 010.

2.The District Child Protection Officer, Office of the District Child Protection Office, Anna Salai, Vellore - 1.

+1cc to the Government Pleader SR.No.67893 W.P.No.34605 of 2019 GP(CO) RVM(10/01/2022)