Kerala High Court
Kausalya P vs State Of Kerala on 22 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
WP(C) NO. 13376 OF 2023
PETITIONER:
KAUSALYA P.
AGED 35 YEARS
D/O PARAMESWARAN NAIR V.,
CRP COMPLEX, FLAT NO. BS-1, PATTOM P.O.,
THIRUVANANTHAPURAM, PIN - 695004
BY ADVS.
J.G.SYAMNATH
G.RANJU MOHAN
M.SANTHI (K/868/2011)(K/000868/2011)
ARYA S.(K/003372/2022)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
WOMEN AND CHILD DEVELOPMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 CHILD WELFARE COMMITTEE
GOVERNMENT CHILDREN'S HOME,
POOJAPPURA, THIRUVANANTHAPURAM
REPRESENTED BY ITS CHAIRPERSON, PIN - 695012
3 THE STATION HOUSE OFFICER
PARASSALA POLICE STATION, PARASSALA,
THIRUVANANTHAPURAM, PIN - 695122
B.S.SYAMANTAK
GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C). No. 13376 of 2023
-:2:-
P.V.KUNHIKRISHNAN, J.
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WP(C) No. 13376 of 2023
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Dated this the 22nd day of June, 2023
JUDGMENT
When this writ petition came up for consideration on
12.04.2023, this Court had passed the following order;
"Learned Government Pleader is directed to take
instructions from the second respondent with respect to the
contentions raised in this writ petition. Learned Government
Pleader submitted that in fact visitorial rights are provided to
the petitioner to see the children at Nirmala Sishu Bhavan,
Kunnukuzhy, Thiruvananthapuram.
Learned counsel for the petitioner submitted that the
petitioner may be permitted to see the children. If the
petitioner makes any request before the second respondent -
the Child Welfare Committee, Poojappura,
Thiruvananthapuram for visitorial rights, the said authority
shall consider the same and if there are no other adverse
consequences standing in the way, permit the petitioner to
visit the children within a time period to be fixed by the said
authority."
2. Thereafter, when the matter came up for consideration
on 07.06.2023, this Court had passed the following order;
WP(C). No. 13376 of 2023
"I am dissatisfied by the procedure adopted by the 2nd
respondent which is mentioned in paragraph 7 to 9 of the
statement. The CWC will take necessary steps to take a
decision regarding the custody of the child based on the
application submitted by the petitioner as evident by
Ext.P3 within one week and produce the order before
this Court. The CWC will see that the child is pursuing
the studies also.
Post on 22.06.2023"
Today when the writ petition came up for consideration, the
learned counsel for the petitioner submitted that, the petitioner
already obtained custody of the children, and she has no
grievance. In the light of the same, this writ petition is closed,
recording the above submission.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
jka/22.06.23.
APPENDIX OF WP(C) 13376/2023
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE FIR 223/2023 DATED 07-02-
2023 OF THE PARASSALA POLICE STATION.
Exhibit-P2 A TRUE COPY OF THE DISCHARGE SUMMARY OF THE
SON OF THE PETITIONER FROM MEDICAL COLLEGE
HOSPITAL, THIRUVANANTHAPURAM.
Exhibit-P3 A TRUE COPY OF THE REPRESENTATION OF THE
PETITIONER SUBMITTED BEFORE THE 2ND
RESPONDENT DATED 17-02-2023.
Exhibit-P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER IN OP 80/2023 DATED NIL.
Exhibit-P5 A TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER IN OP 81/2023 DATED NIL.
