Mangala Nathan, v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD) No.10065 of 2019 and W.M.P.(MD) No.7834 of 2019 Mangala Nathan ... Petitioner -vs1. The State of Tamil Nadu, Rep by its Chief Secretary to Government,

2. The State of Tamil Nadu, Rep by its Principal Secretary, Home Department, Fort St.George Secretariat, Chennai.

3. The State of Tamil Nadu Rep by it's the Principal Secretary to Government, Social Welfare and Noon Meal Programme (SW(1)) Department, Fort St.George Secretariat, Chennai

4. The Director Directorate of Social Defense Government of Tamil Nadu Old No:153, New No.300 Purasaivakam High Road, Kellys, Chennai

5. The Selection Committee Under Tamil Nadu Juvenile Justice (Care and Protection of Children) Rule, 2017 Rep.by its Chairperson Principal District and Session Judge Ramnathapuram District Ramnathapuram

6.Sagundala 7.V.Dhasaratha Boopathy ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of writ of declaration to declare the Impugned Government Order dated 07.03.2019 in G.O.(D) No.73, Social Welfare and Nutritious Meal Programme (SW8(1)) Department on the file of Respondent No.3 as Null and Void and consequently direct the respondent Nos.1 to 4 herein to appoint the Social worker members of the Juvenile Justice Board of Ramanathapuram District as per the new Act, The Juvenile Justice (Care and Protection of Children) Act, 2015 and Juvenile Justice (Care and Protection of Children) Model rules, 2016 within a stipulated time. For Petitioner :

Mr.J.Pandidorai For Respondents :

Mr.A.Muthukaruppan Additional Government Pleader for R1 to R5

O R D E R

[Order of the Court was made by B.PUGALENDHI, J.] The petitioner has filed this writ petition in the nature of a public interest litigation challenging the appointment of the respondents 6 and 7 in the Juvenile Justice Board, Ramanathapuram District.

2. In our considered view, a Public Interest Litigation challenging the appointment of the respondents 6 and 7 in the Juvenile Justice Board cannot be maintained. Accordingly, this writ petition is dismissed. It is open to the petitioner to seek appropriate relief by way of a writ of quo warranto, if he is so advised. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To:

1. The Chief Secretary to Government,

2. The Principal Secretary, Home Department,

3. The Principal Secretary to Government, Social Welfare and Noon Meal Programme (SW(1)) Department,

4. The Director , Directorate of Social Defense, Government of Tamil Nadu, Old No:153, New No.300, Purasaivakam High Road, Kellys, Chennai.

5. The Chairperson, Selection Committee, Under Tamil Nadu Juvenile Justice (Care and Protection of Children) Rule, 2017, Principal District and Session Judge, Ramnathapuram District, Ramnathapuram.

+1 CC to Mr.J.PANDI DORAI, Advocate ( SR-63710[F] dated 29/04/2019 ) +1 CC to SPECIAL GOVERNMENT PLEADER ( SR-64018[F] dated 29/04/2019 ) W.P.(MD) No.10065 of 2019 and W.M.P.(MD) No.7834 of 2019 26.04.2019 AE/ (14.05.2019) 3P 8C