Smt. Lissy Joshi vs The Deputy Commissioner
2022 Latest Caselaw 624 Kant

                          1

  IN THE HIGH COURT OF KARNATAKA, BENGALURU

       DATED THIS THE 13TH DAY OF JANUARY, 2022

                       BEFORE

       THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

       WRIT PETITION NO. 24250 OF 2021(GM-RES)
BETWEEN:

1. SMT. LISSY JOSHI,
   W/O A J JOSHI,
   AGED ABOUT 44 YEARS,

2. SRI. A J JOSHI,
   S/O A D JOHN,
   AGED ABOUT 48 YEARS,

BOTH THE PETITIONERS ARE RESIDING AT
ALAPPILLY HOUSE, KORATTY EAST POST,
THRISSUR DISTRICT, KERALA - 680 684.
                                       ...PETITIONERS
(BY SRI. ONKARA K B, ADVOCATE)

AND:

1. THE DEPUTY COMMISSIONER,
   MYSURU DISTRICT,
   MYSURU.

2. THE CHILD WELFARE COMMITTEE,
   REP BY ITS CHAIRPERSON,
   R/O GOVT GIRLS HOME,
   CHIKKARAMANE,
   LALITH MAHAL PALACE ROAD,
   MYSURU.

3. THE DIRECTOR,
   INTEGRATED CHILD PROTECTION SCHEME(ICPS),
   DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT,
   FIRST FLOOR, M S BUILDING,
   DR. AMBEKDAR VEEDHI,
   BENGALURU - 560 001.
                                       ... RESPONDENTS
(BY SRI. VINOD KUMAR, AGA FOR R1 & R2)

    THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
                                  2

DIRECT   THE   RESPONDENTS       TO   CONSIDER     THE
REPRESENTATION DATED 18.11.2021 TO HAND OVER THE
CHILD BY NAME ANTONY JOSHI TO THE PETITIONERS AS
PER THE ORDER PASSED BY THE R1 INJJA NO.43/2019
PASSED ON 24.02.2021, 10.03.2021 AND 08.04.2021 AS PER
ANNEXURE-A.

    THIS PETITION COMING ON FOR ORDERS THIS DAY
THROUGH VIDEO CONFERENCE, THE COURT MADE THE
FOLLOWING:-

                             ORDER

Petitioners claiming to be the foster parents of the

child are complaining that the order made by the Deputy

Commissioner - Mysuru, on 24.02.2021 directing

entrustment of the subject child to their foster-care at

Annexure-J has not been implemented despite

representations.

2. Learned AGA appearing for the respondents

having opposed the writ petition for some time, now faily

agrees to instruct his clients to look into the grievance of

the petitioners as has been aired in the representations

dated 24.02.2021, 10.03.2021 & 08.04.2021 collectively

produced at Annexure-A in accordance with law and in a

time bound manner. This is an appreciable gesture.

In the above circumstances, this writ petition is

disposed off. Time for compliance is two weeks.

If delay is brooked in complying this judgment, heavy

costs may be imposed on the erring officials at the next

level of litigation.

Now, no costs.

Sd/-

JUDGE

Bsv