← Library
Madras High CourtWP(MD)/17092/2021disposed of

Amalraj N.R v. The State Of Tamil Nadu

2021-09-21Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.09.2021

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and W.M.P(MD)Nos.14017, 14018 & 14019 of 2021 N.R.Amalraj ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary, Department of Social Welfare and Women Empowerment, St. George Fort, Chennai - 600 009.

2.The District Collector, District Child Protection Society, District Collectorate Campus, Nagercoil, Kanyakumari District.

3.The District Child Protection Officer, District Child Protection Society, 96, Narayanan Street, Chistropher Nagar, Nagercoil - 629 001, Kanyakumari District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned Notification issued by the 2nd respondent District Collector as published in their official website (www.kanniyakumari.tn.nic.in) dated 01.09.2021, quash the same and further direct the 1st respondent Secretary to Government to pass appropriate Orders on the petitioner's Appeal dated 17.08.2021.

For Petitioner : Mr.K.Ragatheesh Kumar, learned counsel for Isaac Chambers For Respondents : Mr.A.K.Manikkam, Standing Counsel for State.

ORDER

This Writ Petition has been filed by the petitioner, praying for issuance of a Writ of Certiorarified Mandamus, to call for the 1/3

records relating to the impugned Notification issued by the 2nd respondent District Collector as published in their official website (www.kanniyakumari.tn.nic.in) dated 01.09.2021, quash the same and further direct the 1st respondent Secretary to Government to pass appropriate Orders on the petitioner's Appeal dated 17.08.2021.

2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents. 3.According to the petitioner, he preferred an Appeal before the first respondent as against the proceedings of the second respondent in No.618/DCPS/2018 dated 24.07.2021. The said Appeal is pending with the first respondent without any progress. 4.Even though, the writ petitioner has challenged the impugned Notification issued by the 2nd respondent District Collector dated 01.09.2021, during the course of arguments, the learned counsel for the petitioner seeks a direction to the first respondent to dispose of the Appeal within a prescribed time limit that may be fixed by this Court.

5. The learned Standing counsel appearing for the respondents would submit that if the Appeal preferred by the appellant is still pending and the same shall be disposed of at the earliest and appropriate orders would be passed in accordance with law.

6. In view of the submissions made by the learned counsel appearing for both sides, and also considering the limited scope of prayer as sought by the petitioner, this Court without expressing any opinion on merits, directs the first respondent to disposal of the Appeal dated 17.08.2021 preferred by the petitioner at the earliest if it is otherwise in order and pass appropriate orders therein, in accordance with law and on merits, within a period of six(6) weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) dn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct 2/3

copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Secretary, The State of Tamil Nadu, Department of Social Welfare and Women Empowerment, St. George Fort, Chennai - 600 009.

2.The District Collector, District Child Protection Society, District Collectorate Campus, Nagercoil, Kanyakumari District.

3.The District Child Protection Officer, District Child Protection Soceity, 96, Narayanan Street, Chistropher Nagar, Nagercoil - 629 001, Kanyakumari District.

+1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-29823[F] dated 21/09/2021 ) +1 CC to M/s.SPL.GP ( SR-29839[F] dated 22/09/2021 ) 21.09.2021 RD(29.09.2021) 3P 6C 3/3