U. P. Kudil @ Sivasakthi Ashramam v. District Social Welfare Officer
2014-07-15
T.S.SIVAGNANAM
body2014
DigiLaw.ai
Judgment : 1. The petitioner in this writ petition seeks to quash the notice issued by the second respondent dated 09.07.2014. 2. By consent of both parties, the main writ petition itself is taken up for final disposal. 3. Heard the learned Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 4. The petitioner is an Orphanage and claims to have been registered under the provisions of the Act, bearing Registration No.319 of 2003 dated 16.10.2003. It is stated that as on date 39 children are under their care and custody and they are all orphan children and the petitioner has taken adequate care and all the facilities have been provided. On earlier occasion, when such details have been called for, the petitioner has given a representation to the District Social Welfare Officer, Thanjavur, on 30.07.2013 along with enclosures and check list showing the various details. Therefore, it is stated that the petitioner has complied with all the legal formalities. 5. By the impugned proceedings, the petitioner has been called upon to produce certain details within a period of three days. Therefore, the impugned proceedings is only a show-cause notice and the proper procedure to be followed by the petitioner is to approach the respondent and not to rush to this Court. Instead of responding to the notice, the petitioner sent a legal notice to the respondent on 11.07.2014. The procedure adopted by the petitioner is not appreciable. Though the petitioner is said to be doing service by taking care of the children he is bound to comply the statutory requirements. 6. The learned Counsel appearing for the petitioner would submit that in respect of certain children, who are under the care and custody of the petitioner, they are abandoned the children and their parentage is not known, to the petitioner and if it is made known there would be serious social issues on account of such disclosure. Therefore, nothing prevented the petitioner to approach the respondent, namely, the District Child Protection Officer, Thanjavur, and produce all the records. 7. Therefore, on the facts stated by the petitioner, the impugned proceedings cannot be quashed. Accordingly, the writ petition is dismissed. The petitioner is directed to appear before the second respondent on 22.07.2014 and produce all the records.
Therefore, nothing prevented the petitioner to approach the respondent, namely, the District Child Protection Officer, Thanjavur, and produce all the records. 7. Therefore, on the facts stated by the petitioner, the impugned proceedings cannot be quashed. Accordingly, the writ petition is dismissed. The petitioner is directed to appear before the second respondent on 22.07.2014 and produce all the records. In the case of children who are said to be abandoned children, where the parentage is not known, and there will be some social issues if the parentage is disclosed then the petitioner shall file an affidavit mentioning all these facts and the second respondent shall consider the submission made by the petitioner in terms of the provision of the Orphanage and other Charitable Act, 1960 as well as the Juvenile Justice Act and pass orders on merits and in accordance with law. No costs. Consequently, the connected Miscellaneous petitions are also dismissed.