Disposed

P.K.Abdul Latheef v. Board of Control of the Orphanages

Kerala HC11 Jun 2014WP(C)/17766/2011

Case brief

AI extract

What is this about?

The Court, hearing petitions concerning an orphanage and a residential Madrassa, disposed of the matters without adjudicating merits. The Court permitted the petitioners in one of the writ petitions to approach the Government for redressal within one month.

What did the court decide?

No merits were adjudicated. The petitioners were permitted to submit a representation to the Government within one month.

P.K.Abdul Latheef Vs Board of Control of the… — Writ and Judicial Review | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI

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WEDNESDAY, THE 11TH DAY OF JUNE 2014/21ST JYAISHTA, 1936

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WP(C). No.17766 of 2011 (U)

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PETITIONER(S):

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P.K.ABDUL LATHEEF, S/O.MUHAMMED (LATE), AGED 45 YEARS, POLLAKUNNAN HOUSE, CHIRAKKALPADY, THRIKALOOR, MANNARKKAD, PALAKKAD DISTRICT.

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BY ADV. SRI.BABU S. NAIR.

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RESPONDENT(S):

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1. BOARD OF CONTROL OF THE ORPHANAGES AND OTHER CHARITABLE HOMES, GOVERNMENT OF KERALA, REPRESENTED BY ITS CHAIRMAN, VIKAS BHAVAN, TRIVANDRUM, PIN-695033.

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2. THE DISTRICT SOCIAL WELFARE OFFICER, PALAKKAD, PIN-678001.

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3. THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH (THE NODAL OFFICER FOR CHILD WELFARE), PALAKKAD, PIN-678001.

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4. AMBANKUNNU BEERAN OULIA BALIKA ANATHA MANDIRAM, AMBANKUNNU, POTTASSERY P.O., MANNARKKAD, PALAKKAD DISTRICT, PIN-678598 REPRESENTED BY ITS SECRETARY, FAKRUDHEEN.

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R4 BY ADV. SRI.M.SASINDRAN

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R1 to R3 BY GOVERNMENT PLEADER SHRI P. V. ELIAS

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-06-2014, ALONG WITH WPC. NO.4753/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C). No.17766 of 2011 (U)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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P1:- COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE FIRST RESPONDENT DATED 1.3.2006 IN RESPECT OF THE ORPHANAGE RUN BY THE PETITIONER.

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P2:- COPY OF THE ORPHANAGES AND OTHER CHARITABLE HOMES (SUPERVISION AND CONTRAOL) ACT, 1960.

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P3:- COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT OF KERALA, HOME (B) DEPARTMENT AS NO.466589/B4/61/HOME DATED 21.6.1962.

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P4:- COPY OF THE NOTIFICATION ISSUED BY THE SOCIAL WELFARE © DEPARTMENT, GOVERNMENT OF KERALA DATED 20.2.2008 AS SRO NO.271/2008.

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P5:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 17.1.2011.

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P6:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE PALAKKAD DISTRICT PROBATION OFFICER DATED 17.1.2011.

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P7:- COPY OF THE REPRESENTATION SUBMTTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 8.3.2011.

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RESPONDENTS' EXHIBITS:- NIL

/True Copy/

P.A to Judge

KRJ

A.V.RAMAKRISHNA PILLAI, J.

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= = = = = = = = = = = = = = = = = W.P(C) No.17766 of 2011 & W.P(C) No.4753 of 2014

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= = = = = = = = = = = = = = = = = = Dated this the 11^th day of June, 2014

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JUDGMENT

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The petitioner in W.P(C) No.17766 of 2011 who was running an Orphanage for girls between the ages of 3 to 16 years at Kanjirampuzha, Ambankunnu has approached this Court seeking a direction to respondents 1 to 3 to prevent the 4^th respondent (the first petitioner in W.P(C) No.4753 of 2014) from functioning as an Orphanage against the provisions of the Orphanages and Other Charitable Homes (Supervision and Control) Act, 1960 and the Rules made thereunder.

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In W.P(C) No.4753 of 2014, the petitioners challenge Ext.P6 whereby the District Collector had ordered to shut down the Beeran Pouliya Ilmul Yakheen Residential Madrassa under due intimation and directed the District Police Chief to give protection,

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WP(C)s.17766/11&4753/14 -:2:-

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assistance and security to all the inmates and officers in the event of shutting down of the institution as ordered.

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Today when the matter came up for hearing, the learned

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counsel for the petitioners in W.P(C) No.4753 of 2014 invited my attention to Ext.P7, which is the copy of the representation submitted by the parents and inmates of the residential Madrassa and submitted that the petitioners be permitted to move the Government by a separate representation for redressal of their grievance which are ventilated in these writ petitions.

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In the light of the above submission, this Court is of the definite view that both the writ petitions can be disposed of without going into the merits permitting the petitioners in W.P(C) No.4753 of 2014 to approach the Government with a proper representation within one month from today. In the event of filing such a representation as aforesaid, the same shall be disposed of after affording the petitioners in both the writ petitions an opportunity of

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-:3:-

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WP(C)s.17766/11&4753/14

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being heard. This exercise shall be completed within a period of two

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months from the date of filing of the representations.

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Sd/-

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A.V.RAMAKRISHNA PILLAI JUDGE

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krj

P.K.Abdul Latheef v. Board of Control of the Orphanages

Case brief

What is this about?

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P.K.Abdul Latheef v. Board of Control of the Orphanages

Case brief

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