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Madras High CourtWP(MD)/10313/2017disposed of

International Youth Fellowship v. The Director Of Social Defence

2017-06-07Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.10313 of 2017 and W.M.P.(MD).Nos.7888 and 7889 of 2017 International Youth FellowShip in Chirst (IYFC), represented by its Founder and Managing Trustee pastor G.Nellaikumar, New No.1/197, Kalvillai Road, Meignanapuram, Tuticorin District.

: Petitioner -Vs1. The Director of Social Defence Directorate of Social Defence, No.300, Purasawalkam High Road, Kellys, Chennai-600 010.

2. The Chairperson, Child Welfare Committee "Muthu Kuvial" No.176, Palai Road, (Opp. to Rajaji Park), Tuticorin-3.

3. The District Collector, Collectorate, Tuticorin District, Tuticorin.

4. The Director of Social Welfare, Chepauk, Chennai-600 005.

5. JothiKumar The District Child Protection Officer, District Child Protection unit, Muthu Surabi Building, No.196, Mani Nagar, Tuticorin-3.

6. James Athisayaraja, The Child Protection Officer, District Child Protection unit, Muthu Surabi Building, No.196, Mani Nagar, Tuticorin-3.

7. C.Thompson Devasahayam The Child Protection Officer, District Child Protection unit, Muthu Surabi Building, No.196, Mani Nagar,

8. T.Belina, Social Worker, The Child Protection Officer, District Child Protection unit, Muthu Surabi Building, No.196, Mani Nagar, : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent herein to grant continuation of registration as required under section 41(1) read with proviso and register the institution as required under Section 41(6) of the Juvenile Justice (Care and Protection of Children) Act, 2015 as well as direct the respondents 5 to 8 to remove the lock and seal put by them in the petitioner's home institution International Youth Fellowship in Christ (IYFC), at No.1/197, Kalvillai Road, Meignanapuram, Tuticorin District. For Petitioner : Mr.M.Joseph Thatheus Jerome For R1 to R8 : Mr.M.Alagathevan Special Government Pleader

O R D E R

This Writ Petition is filed seeking for direction to the first and fifth respondents to grant temporary registration period of six months to the petitioner's home institution International Youth Fellowship in Christ (IYFC), at No.1/197, Kalvillai Road, Meignanapuram, Tuticorin District, pending disposal of the application of continuation of registration made under Section 41

(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015, dated 06.03.2017 along with reminder dated 19.05.2017, pending disposal of the Writ Petition.

2. Heard both sides.

3. The learned Special Government Pleader appearing for the respondents would submit that the first respondent has already issued an order of registration to the petitioner's home institution International Youth Fellowship in Christ (IYFC), at No.1/197, Kalvillai Road, Meignanapuram, Tuticorin District, as per their application, dated 06.03.2017 and 19.05.2017.

4. In view of the above submission made by the Special Government Pleader, no further adjudication is necessary in this Writ Petition.

5. The learned counsel for the petitioner would submit that the petitioner has been running the home for twenty two years and when the renewal application was pending, the respondents 5 to 8 locked the home run by the petitioner.

6. Considering the submissions of both side, the respondents 5 to 8 are directed to forthwith remove the lock of the petitioner's home institution International Youth Fellowship in Christ (IYFC), at No.1/197, Kalvillai Road, Meignanapuram, Tuticorin District.

7. Accordingly, this Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar.

To

1. The Director of Social Defence, Directorate of Social Defence, No.300, Purasawalkam High Road, Kellys, Chennai-600 010.

2. The Chairperson,Child Welfare Committee "Muthu Kuvial" No.176 Palai Road,(Opp tol Rajaji Park)

3. The District Collector, Collectorate, Tuticorin District, Tuticorin.

4. The Director of Social Welfare, Chepauk, Chennai-600 005. +1CC to M/S.M.Joseph Thatheus Jerome, Advocate, SR.No. 58897 +1CC to the Special Government Pleader SR.No. 58928 W.P.(MD)No.10313 of 2017 07.06.2017 PSD/PJL JM/SV MMS/SAR 4/07.06.2017/3P/7C