Rev. Dr. B Russel Raj, v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2013 B.Russel Raj ... Petitioner Vs.
1.The Director, Directorate of Social Welfare, Chepauk, Chennai-5.
2.The Assistant Director(Child Welfare), Directorate of Social Welfare, Chepauk, Chennai-5.
3.The District Collector, Kanyakumari District, Kanyakumari.
4.The District Social Welfare Officer, Kanyakumari District, Nagercoil.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to grant permanent registration to the childlren's home of the petitioner namely "Anbu illam", Anbu Nagar, 48B-5, 1/5
Paramarthalingapuram, Vettoornimadam Post, Nagercoil, Kanyakumar District on the basis of the report and recommendation of the fourth Respondent dated 05.09.2012.
For Petitioner : Mr.K.Samidurai For Respondents : Mr.N.Muthuvijayan Special Government Pleader
ORDER
The present writ petition has been filed seeking a direction as against the first respondent to grant permanent registration to the petitioner's home on the basis of a recommendation by the fourth respondent, dated 05.09.2012.
2. According to the petitioner, they are running a charitable home, for which they have sought for permanent registration from the first respondent. According to the petitioner, the fourth respondent has already sent recommendation on 05.09.2012 and the first respondent office is keeping it pending without being disposed of.
3. However, the learned Special Government Pleader for the respondents pointed out that on 20.02.2013, the first respondent has 2/5
already passed an order, returning the application citing that six documents have not been filed along with the application. In the said order, the first respondent has directed the fourth respondent to rectify the said defects and send the same to the Directorate at the earliest. A copy has also been marked to the writ petitioner. Hence, it is for the writ petitioner to place these documents before the fourth respondent, so that he could forward the same to the first respondent herein.
4. In view of the above said facts, the writ petitioner is directed to approach the fourth respondent with all the relevant documents as called for by the first respondent herein in his order, dated 20.02.2013. On submission of the said documents, the fourth respondent is directed to forward the application to the first respondent within a period of four(4) weeks from the date of submission of those documents from the writ petitioner. Once the first respondent receives all the papers from the fourth respondent, the first respondent is directed to dispose of the said application within a period of twelve (12) weeks from the date of receipt of copies from the fourth respondent.
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5. With the above said observations, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 03.08.2022 Index :
Yes / No Internet :
Yes / No gbg To 1.The Director, Directorate of Social Welfare, Chepauk, Chennai-5.
2.The Assistant Director(Child Welfare), Directorate of Social Welfare, Chepauk, Chennai-5.
3.The District Collector, Kanyakumari District, Kanyakumari.
4.The District Social Welfare Officer, Kanyakumari District, Nagercoil.
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R.
VIJAYAKUMAR ,J.
gbg Order made in Dated:
03.08.2022 5/5