Swami Vivekananda Cultural Society vs The Kerala State Commission For ...
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Kerala High Court

Swami Vivekananda Cultural Society vs The Kerala State Commission For ... on 19 February, 2026

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                 THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
           THURSDAY, THE 19TH DAY OF FEBRUARY 2026 / 30TH MAGHA, 1947
                             WP(C) NO. 23645 OF 2023
PETITIONER/S:

             SWAMI VIVEKANANDA CULTURAL SOCIETY
             REG. NO E R322/93, HINDU CULTURAL CENTRE PAVAKULAM TEMPLE COMPLEX
             KALOOR P.O., KOCHIN, (MANAGING THE SWAMI VIVEKANANDA BALASRAMAM
             AMMAKANDAKARA, CHENNAMPALLIL, ADOOR P.O. PATHANAMTHITTA.)
             REPRESENTED BY ITS SECRETARY, V.R.RAJASEKHARAN NAIR,AGE 63 S/O
             RAMAN NAIR RESIDING AT SREENIKETAN, BADRESWARAM ROAD ,EDANADU,,
             CHENGANNUR, ALAPUZHA DISTRICT. KERALA, PIN - 682017


             BY ADVS.
             SHRI.C.S.MANILAL
             SRI.S.NIDHEESH



RESPONDENT/S:
      1       THE KERALA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS
              REPRESENTED BY THE REGISTRAR, VANROSS JUNCTION ,THIRUVANANTHAPURAM,
              PIN - 695034

      2      THE DIRECTOR
             DISTRICT WOMEN AND CHILD DEVELOPMENT OFFICE, KAPPIL ARCAD, DOCTORS
             LANE, PATHANAMTHITTA, PIN - 689645

      3      DISTRICT CHILD PROTECTION OFFICER
             CHILD PROTECTION UNIT, 4TH FLOOR, ARANMULA P.O PATHANAMTHITTA, PIN
             - 689533

      4      THE CHAIR PERSON, CHILD WELFARE COMMITTEE
             GOVERNMENT OBSERVATION HOME, VAYALATHALA P.O PATHANAMTHITTA, PIN -
             689533

      5      THE DISTRICT POLICE CHIEF
             DISTRICT POLICE OFFICE, PATHANAMTHITTA, PIN - 689645


             BY ADV SRI.THOUFEEK AHAMED

OTHER PRESENT:

             SRI. SUNIL NATH, G P


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.02.2026, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                     2026:KER:15098
WP(C) No.23645 of 2023
                                   2

                           JUDGMENT

The petitioner is stated to be a Charitable Society

having obtained registration under the Charitable Societies

Registration Act. The petitioner is conducting 10 Balasramams

(Shelter Homes for Children). With respect to the Balasramam

conducted at Adoor, pursuant to an incident which occurred on

01.03.2020 involving certain persons who are stated to have

visited the Balasramam, and which was reported in the

newspapers, proceedings were taken by the 1st respondent

under the provisions of the Child Rights Protection Act, leading

to the issuance of the order at Ext.P6 directing cancellation of

the registration granted to the petitioner under the provisions

of the Juvenile Justice Act. It is challenging Ext.P6 that the

petitioner is before this Court.

2. Heard Sri. C.S. Manilal, the learned counsel for the

petitioner, as well as Sri. Thoufeek Ahamed, the learned

Standing Counsel for the 1st respondent herein.

3. The main contention raised in the writ petition is to

the effect that the order at Ext.P6 has been issued without 2026:KER:15098

granting the petitioner a reasonable opportunity of being heard

in the matter.

4. A counter affidavit has been filed by the 1st

respondent, placing reliance on Exhibit R1(h) notice dated

25.06.2021 issued to the petitioner herein, to contend that

notice was issued to the petitioner and, therefore, there is no

violation of the principles of natural justice. However, a perusal

of the counter affidavit also shows that the petitioner had

submitted an objection dated 27.07.2021, marked as Ext.R1(i)

in the counter affidavit, seeking to explain the alleged incident.

With reference to the explanation offered as above, when the

order at Ext.P6 is read, this Court notices that the order and

the directions contained therein have been issued only with

reference to the report received in the matter as well as the

action taken by the police authorities. There is no consideration

of the contentions raised in the explanation admittedly stated

to have been received by the 1st respondent therein.

5. Similarly, the provisions of Rule 43(9) of the Kerala

State Commission for Protection of Child Rights Rules, 2012 2026:KER:15098

would show a two-tier proceeding. After the formal enquiry in

the matter also, the parties are required to be granted an

opportunity of being heard under the aforesaid provisions. In

the case at hand, the order at Ext.P6 has been issued without

extending the opportunity of being heard as mandated under

the provisions.

6. In such circumstances, I am of the opinion that the

order at Ext.P6 requires to be set aside, directing fresh

consideration at the hands of the 1st respondent herein.

7. Sri. N.B. Sunil Nath, the learned Government

Pleader, would add at this point that the Child Welfare

Committee (CWC) has also visited the premises of the

petitioner and that there are no issues at present with the

Balasramam, Adoor.

8. In view of the above, I am of the opinion that the

matter requires reconsideration at the hands of the 1 st

respondent. Therefore, the writ petition stands allowed, setting

aside Ext.P6 and directing fresh consideration after granting

the petitioner an opportunity of being heard and also taking 2026:KER:15098

into account the observations/findings of the CWC prepared

subsequent to the incident.

Sd/-

sab                               HARISANKAR V. MENON
                                         JUDGE
                                                          2026:KER:15098



                   APPENDIX OF WP(C) NO. 23645 OF 2023

PETITIONER EXHIBITS

Exhibit P1               TRUE COPY OF THE RECOGNITION CERTIFICATE DATED

27/03/2018 ISSUED BY THE BOARD OF CONTROL OF ORPHANAGES AND OTHER CHARITABLE HOMES KERALA Exhibit P2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 28/03/2018 UNDER THE JUVENILE JUSTICE ACT. Exhibit P3 TRUE COPY OF THE LETTER DATED 09/03/2020 TO THE CHAIRMAN C.W.C PATHANAMTHITTA Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE INSPECTION REGISTER MAINTAINED AT SRI VIVEKANANDA BALASRAMAM Exhibit P5 TRUE COPY OF THE COVERING LETTER DATED 19/06/2023 OF THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF THE ORDER DATED 15/05/2023 IN C.R.M.P 1804/03/LA1/2020/KESCPCR OF THE 1ST RESPONDENT RESPONDENT EXHIBITS

Exhibit R1(a) True copy of notice calling for report from the District Child Protection Officer, Pathanamthitta dated 6.3.2020

Exhibit R1(b) True copy of the notice calling for report from the Chairperson Child Welfare Committee, Pathanamthitta dated 6.3.2020

EXHIBIT R1(c) True copy of the notice calling for report from the District Police Chief , Pathanamthitta dated 6/3/2020 EXHIBIT R1(d) True copy of the notice calling for report from the District Women and Child Development Officer dated 29/12/2020 EXHIBIT R1(e) rue copy of report from the District Child Protection Officer , Pathanamthitta dtd12/3/20 EXHIBIT R1(f) True copy of report from the District Police Chief , Pathanamthitta dtd 28/4/20 EXHIBIT R1(h) True copy of the notice issued to the petitioner for the report dtd 25/6/21 EXHIBIT R1(i) True copy of the report of the petitioner dated 27/7/21 EXHIBIT R1(a) True copy of notice calling for report from the District Child Protection Officer , Pathanamthitta dated 6/3/2020 EXHIBIT R1(b) True copy of the notice calling for report from the Chairperson, Child Welfare Committee , Pathanamthitta dated 6/3/2020 EXHIBIT R1(g) True copy of the report from the District Women and Child Development Officer dtd 15/4/21