Tintu vs The District Collector
2022 Latest Caselaw 1647 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                   THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

                                        &

                    THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

         TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943

                            WP(CRL.) NO. 527 OF 2021

PETITIONER:

               TINTU,
               AGED 31 YEARS,
               W/O. LATE BINU P.S,
               RESIDING AT KALLINKAL HOUSE, NIRAPPU,
               EAST VAZHAPILLY, VELLOORKUNNAM P.O.,
               MULAVOOR, ERNAKULAM - 686 673.

               BY ADV SAJEEV KUMAR K.GOPAL


RESPONDENTS:

     1         THE DISTRICT COLLECTOR,
               COLLECTORATE, CIVIL STATION,
               KAKKANAD 682 030.

     2         THE SUB INSPECTOR OF POLICE,
               PUZHAKARAKAVU RAOD, THOTTUMKALPEEDIKA,
               MUVATTUPUZHA - 686 661.

     3         THE CHILD WELFARE COMMITTEE,
               REPRESENTED BY ITS CHAIRMAN,
               OFFICE OF THE CHILD WELFARE COMMITTEE,
               JUVENILE HOME, KAKKANAD - 682 030.

     4         ADDL.R4. THE DISTRICT SOCIAL WELFARE OFFICER,
               SOCIAL WELFARE DEPARTMENT, ERNAKULAM.

     5         ADDL.R5. THE SUPERINTENDENT
               CHILD PROTECTION HOME, KAKKANAD,
               ERNAKULAM DISTRICT.
               [ADDL.R4 & R5 ARE SUO MOTU IMPLEADED AS PER ORDER DATED
               23.12.2021 IN WP(CRL.).527/2021

     6         THE DISTRICT CHILD PROTECTION OFFICER,
               IS IMPLEADED AS ADDL.R6 VIDE ORDER DATED 21.01.2022 IN
               W.P.(CRL) 527/2021.

               BY ADVS.
               GOVERNMENT PLEADER
               SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR
 W.P.(Crl) No.527 of 2021

                                     2

 OTHER PRESENT:

             SRI.E.C.BINEESH - GOVERNMENT PLEADER



       THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
 15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(Crl) No.527 of 2021

                                  3




        K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
                ---------------------------------------
                   W.P(Crl.)No. 527 of 2021
                ---------------------------------------
           Dated this the 15th day of February, 2022


                           JUDGMENT

Vinod Chandran, J.

The learned counsel for the petitioner informs us that

all the children have been admitted to schools, except the younger

one, who is not of age. In such circumstances, we do not think any

further action to be done in the above writ petition. The learned

counsel informs us that there is a problem insofar as the children

are being teased in their school which arose on the abrupt action

taken by the Child Welfare Committee. The Child Welfare

Committee will be more cautious in taking such abrupt actions,

without further deliberation and enquiry on aspects of Child

Welfare, which come to their notice. We also direct the District

Child Protection Officer to monitor the welfare of the children,

periodically, and if any need arises, the Child Protection Officer

could even move this Court in the above writ petition for suitable

directions. We make it clear that our orders shall not be taken as

a weapon to frequently interfere into the affairs of the petitioner W.P.(Crl) No.527 of 2021

and her family. But, such monitoring shall be done once in three

months, very discreetly without the same coming to public notice.

This writ petition stands closed, with liberty to move

the writ petition granted to the petitioner and the official

respondents.

Sd/-

K.VINOD CHANDRAN JUDGE

Sd/-

C.JAYACHANDRAN JUDGE

NR/15/02/2022