Gayathri Karthik vs State Of Kerala
2021 Latest Caselaw 19562 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                  WP(C) NO. 15410 OF 2021
PETITIONERS:

    1     GAYATHRI KARTHIK,
          AGED 31 YEARS, W/O. KARTHIK,
          MULLAKKAL HOUSE, MISSION QUARTERS,
          THRISSUR 680 001.
    2     FIJI BAIJU,
          W/O. BAIJU K.A, KALAPURACKAL HOUSE,
          KANNARA P.O., THRISSUR 680 652.
    3     SALINI ANANDKUNAR,
          W/O. ANANDKUMAR.S., KIZHAKKETHARA HOUSE,
          VANDAZHI P.O., PALAKKAD 678 706.
    4     PREMA.R.,
          NAGARPADAM HOUSE, MEENKARA P.O.,
          PALAKKAD 678 507.
    5     SINI PAUL,
          W/O. PAUL JOHN, PALAKUDIYIL, HOUSE,
          KARAVASSERRY P.O. MANNARKAD,
          PALAKKAD 678 595.
    6     BENNY JOSEPH,
          KAKKANIYIL HOUSE, PALAKAYAM,
          PALAKKAD 678 591.
          BY ADVS.
          LINDONS C.DAVIS
          RAJITH DAVIS
          E.U.DHANYA

RESPONDENTS:

    1     STATE OF KERALA
 W.P.(C) No.15410 of 2021         2


           REPRESENTED BY SECRETARY TO GOVERNMENT,
           DEPARTMENT OF SOCIAL WELFARE, GOVERNMENT
           SECRETARY, THIRUVANANTHAPURAM 695 001.
    2      CHIEF WELFARE COMMITTEE,
           THRISSUR, GOVERNMENT CHILDREN'S HOME,
           RAMAVARMAPURAM P.O. THRISSUR DISTRICT 680 631.
    3      *ADDL R3
           THE DISTRICT CHILD PROTECTION OFFICER,
           TRISSUR . *ADDL.R3 IS SUO MOTU IMPLEADED AS PER
           ORDER DATED 09-08-2021 IN WP(C) 15410 /2021
           SMT.VINITHA B SR.GP


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.15410 of 2021                3




                      W.P.(C) No.15410 of 2021
                -----------------------------------------------
                             JUDGMENT

The wards of the petitioners were accommodated in

a Child Care Institution. They were, however, sent back to their

respective houses in the wake of Covid-19 pandemic. The

wards were, however, not admitted back in the Child Care

Institution when the situation improved, for want of orders by

the Child Welfare Committee. The petitioners have therefore

approached this Court for appropriate directions to the

respondents to accommodate them back in the Child Care

Institution.

2. When the matter was taken up on 19.08.2021,

this Court passed following interim order :

The District Child Protection Officer, Trissur is impleaded suo motu as the additional third respondent.

2. Heard the learned counsel for the petitioners as also the learned Government Pleader.

3. The learned Government Pleader points out that social investigation reports in respect of the wards of three among the petitioners have already been received by the second respondent and social investigation reports in respect of the wards of 2 among the petitioners are yet to be received. It is also pointed out by the learned Government Pleader that in respect of the ward of the fifth petitioner, the recommendation of the third respondent in the social investigation report is to de-institutionalize her ward.

4. In the circumstances, there will be an interim order directing the second respondent to issue appropriate orders to accommodate the wards of petitioners 1 to 4 and 6 provisionally in the child care institution namely Lisieux Home for Girls referred to in the writ petition.

List this matter after vacation.

3. Today, when this matter was taken up, the

learned Government pleader submitted that in the light of the

interim order passed by this Court, the Child Welfare

Committee has issued orders for accommodation of the wards

of petitioners 1 to 4 and 6 in the Child Care Institution

provisionally for a period of three months. It was also pointed

out by the learned Government Pleader that since there was an

adverse social investigation report in respect of the ward of the

fifth petitioner, the ward of the fifth petitioner was not directed

to be accommodated in the Child Care Institution.

In the light of the submissions made by the learned

Government Pleader, the writ petition is closed without

prejudice to the right of the fifth petitioner to work out her

remedies against the adverse social investigation report in

respect of her ward.

Sd/-

P.B.SURESH KUMAR, JUDGE.

YKB

APPENDIX OF WP(C) 15410/2021

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE APPLICATION OF THE IST PETITIONER WITH RESPECT TO HER DAUGHTER KRISHMA K.

Exhibit P2 A TRUE COPY OF THE APPLICATION OF THE 2ND PETITIONER WITH RESPECT TO HER DAUGHTER JESNA K.B.

Exhibit P3 A TRUE COPY OF THE APPLICATION OF THE 2ND PETITIONER WITH RESPECT TO HER DAUGHTER JALEETA.K.B.

Exhibit P4 A TRUE COPY OF THE APPLICATION OF THE 3RD PETITIONER WITH RESPECT TO HER DAUGHTER ADITYA.A.

Exhibit P5 A TRUE COPY OF THE APPLICATION OF THE 3RD PETITIONER WITH RESPECT TO HER DAUGHTER AKHILA. A Exhibit P6 A TRUE COPY OF THE APPLICATION OF THE 4TH PETITIONER WITH RESPECT TO HER DAUGHTER ARCHANA.A.

Exhibit P7 A TRUE COPY OF THE APPLICATION OF THE 5TH PETITIONER WITH RESPECT TO HER DAUGHTER ANGEL PAUL.

Exhibit P8 A TRUE COPY OF THE APPLICATION OF THE 6TH PETITIONER WITH RESPECT TO HER DAUGHTER ALPHONSA BENNY.

Exhibit P9 A TRUE COPY OF THE ORDER DATED 29.10.2018 OF KRISHMA K., ISSUED BY THE 2ND RESPONDENT.

Exhibit P10 A TRUE COPY OF THE ORDER DATED

27.2.2020 OF JASNA K.B. AND JALEETHA K.B. ISSUED BY THE 2ND RESPONDENT. Exhibit P11 A TRUE COPY OF THE ORDER DATED 29.10.2018 OF ADITYA A, ISSUED BY THE 2ND RESPONDENT.

Exhibit P12 A TRUE COPY OF THE ORDER DATED 29.10.2018 OF AKHILA.A, ISSUED BY THE 2ND RESPONDENT.

Exhibit P13 A TRUE COPY OF THE ORDER DATED 15.5.2020 OF ARCHANA A., ISSUED BY THE 2ND RESPONDENT.

Exhibit P14 A TRUE COPY OF THE ORDER DATED 29.10.2018 OF ANGEL PAUL , ISSUED BY THE 2ND RESPONDENT.

Exhibit P15 A TRUE COPY OF THE ORDER DATED 29.10.2018 OF ALPHONSA BENNY., ISSUED BY THE 2ND RESPONDENT.

Exhibit P16 A COPY OF THE G.O.(RT) NO. 207/2020/SGD DATED 23.05.2020 ISSUED BY THE IST RESPONDENT.

Exhibit P17 A COPY OF THE JUDGMENT DATED 04.06.2021 IN RPJJ.NO.5./2021 OF THIS HONOURABLE COURT.

Exhibit P18 A COPY OF THE ODER C.R.M.P. NO.

3013/01-C/CI/2020/KESCPCR DATED 16.11.2020 OF KERALA STATE CHILD RIGHTS COMMISSION.