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Madras High CourtWP(MD)/18415/2018disposed of

M.Sahaya Bebila, v. The Commissioner

2018-08-24Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.(MD).No.18415 of 2018 M.Sahaya Bebila

...Petitioner

Vs.

1. The Commissioner, Tamil Nadu Commission for Protection of Child Rights, 183/1, Periyar EVR Road, Poonamalli High Road, Kilpauk, Chennai - 600 010.

2. The District Child Protection and Child Welfare Officer, District Child Protection Unit, No.1-4, Avvai Shanmuga Road, Ozhuginasery, Nagercoil - 629 001.

3. The District Social Welfare Officer, No.30-B, Allen Street, Titus Compound, Court Road, Nagercoil - 629 001.

4. The District Collector, Nagercoil, Kanyakumari District.

5. The Superintendent of Police, Nagercoil, Kanyakumari District.

6. The Inspector of Police, Kanyakumari Police Station, Kanyakumari Post, Kanyakumari District.

7. D.Alies

8. A.Thilak

9. S.Subistan 10.J.Rajan 11.Dinesh 12.S.Ajai 13.A.Karol 14.A.Keneesh ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, a Writ of Mandamus directing the respondent Nos.1 to 6 herein to take necessary action on the representation of the petitioner dated 09.07.2018 and thereby ensure the fundamental rights guaranteed under the constitution of India shall be made available to the petitioner's sister's son's life namely A.Seran Raja aged about 15 years, and to give protection from the illegal activity of the respondent Nos.7 to 14 in order to save his life and continue his education and invoke the commissions for Protection of Child Rights Act, 2005.

For Petitioner : Mr.S.Ramasamy For Respondents : Mr.B.Bhagawathi 1 to 6 Government Advocate

O R D E R

This Writ Petition has been filed for a direction to the respondents to take necessary action on the representation made by the petitioner dated 09.07.2018.

2.The representation sent by the petitioner pertains to a threat that is faced by one A.Seran Raja, who is a minor child, in the hands of respondents 7 to 14. The petitioner is the Aunt of the said minor child.

3.Considering the limited prayer made in the writ petition, the second respondent is directed to consider the petitioner's representation dated 09.07.2018 made by the petitioner in accordance with law after affording opportunity to the respondents 7 to 14 and take appropriate action within a period of two weeks from the date of receipt of copy of this order.

4.The writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar (CS-) To

1. The Commissioner, Tamil Nadu Commission for Protection of Child Rights, 183/1, Periyar EVR Road, Poonamalli High Road, Kilpauk, Chennai - 600 010.

2. The District Child Protection and Child Welfare Officer, District Child Protection Unit, No.1-4, Avvai Shanmuga Road, Ozhuginasery, Nagercoil - 629 001.

3. The District Social Welfare Officer, No.30-B, Allen Street, Titus Compound, Court Road, Nagercoil - 629 001.

4. The District Collector, Nagercoil, Kanyakumari District.

5. The Superintendent of Police, Nagercoil, Kanyakumari District.

6. The Inspector of Police, Kanyakumari Police Station, Kanyakumari Post, Kanyakumari District.

+ 1 CC TO Mr.S.RAMASAMY, ADVOCATE IN SR No. 80324 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 80263 DSK TE/SKN/SAR-1 : 10/09/2018 : 3P/9C W.P.(MD).No.18415 of 2018 24.08.2018