COURT OF KERALA AT ERNAKULAM PRESENT: THE…
Clarified that the petitioner is at liberty to have her own residence and shall inform police of her whereabouts;
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 2ND DAY OF MARCH 2016/12TH PHALGUNA, 1937
RP.No. 61 of 2016 (S) IN WP(C).28139/2011
AGAINST THE ORDER/JUDGMENT IN WP(C) 28139/2011 of HIGH COURT OF KERALA DATED 21-11-2011
REVIEW PETITIONER(S) (NOT PARTY TO THE WP(C) /SPECIAL LEAVE SOUGHT
----------------------------------------------------------------------------------------------------------------TO FILE R.P):
NESEEHA, AGED 21 YEARS, D/O.SUDHEER, CHAUTHIPARAMBIL HOUSE, VANIYANKADU KARA, KOTTUVALLI VILLAGE, MANNAM PO, NORTH PARAVUR, ERNAKULAM DISTRICT, NOW RESIDING AT GOVERNMENT CHILDRENS' HOME FOR GIRLS, ERNAKULAM DISTRICT, PIN 682030.
BY ADV. SRI.MANJU ANTONEY
RESPONDENT(S)/PETITIONER/RESPONDENTS 1 TO 3:
1. JANADHIPATHYA VANITHA SANGHATANA, ROOM NO.14, MARUTHI VILAS, CANAN SHED ROAD ERNAKULAM, REPRESENTED BY ITS GENERAL SECRETARY, PIN 682011.
2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001.
3. STATE OF KERALA REPRESENTED BY THE HOME SECRETARY, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695001.
4. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695001.
BY SR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR R1 BY SRI.C.K.SAJEEV
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 02-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP NO.61/2016
APPENDIX
REVIEW PETITIONER'S EXHIBITS
ANNEXURE A1: TRUE COPY OF THE APPOINTMENT ORDER DATED 30.3.2015 ISSUED BY THE DIRECTOR OF DEPARTMENT OF SOCIAL JUSTICE IN GOVERNMENT SERVICE OF THE REVIEW PETITIONER AS CLERK.
ANNEXURE A2: TRUE COPY OF THE TRANSFER ORDER DATED
20.4.2015 OF THE PETITIONER.
ANNEXURE A3: TRUE COPY OF THE SALARY CERTIFICATE OF THE REVIEW PETITIONER DATED NIL ISSUED BY CHILD DEVELOPMENT PROJECT OFFICER, EDAPPALLY.
ANNEXURE A4: TRUE COPY OF THE 5 CENTS OF LAND BY PATTA DATED 23.8.2013 ISSUED BY THE GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE THROUGH DISTRICT COLLECTOR, ERNAKULAM TO THE PETITIONER.
//True Copy//
PS to Judge
Rp
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
================
R.P.No.61 of 2016
in W.P. (C) No. 28139 of 2011
==================
Dated this, the 2nd day of March, 2016
O R D E R
Shaffique, J.
This review petition has been filed seeking to review certain directions issued by this Court as per judgment dated 21/11/2011 in WP(C) No. 28139/2011. Review petitioner, who was a minor during the relevant time, was a victim and was not a party to the proceedings. It is submitted by the learned counsel for the review petitioner that on account of the directions issued by this Court, especially Clause (iv) of para (2), which is extracted hereunder, she has been asked to reside at Children's Home, Kakkanad.
“(iv) As and when the evidence of the victim is recorded in the case charged, the victim will be released, if still a minor, under orders of the Court or otherwise, by taking into account her preferences and acceptance by her mother's sister or any other near relative. Orders on custody can be applied for by Police or the victim or any other interested person and custody will be based on
R.P.No.61 of 2016 in W.P. (C) No. 28139 of 2011
-:2:-
orders of the court of competent jurisdiction.”
R.P.No.61 of 2016 in W.P. (C) No. 28139 of 2011
-:3:-
and that she shall inform the police about her whereabouts. If at all any police protection is required, necessary protection shall be
provided by the police on her request.
Review petition is closed with the above observation.
Sd/- ASHOK BHUSHAN, CHIEF JUSTICE
Sd/- A.M. SHAFFIQUE, JUDGE
Rp3/3/2016
//True Copy//
PS to Judge
3 issues framed by the court
Whether the restrictions on residence imposed on the petitioner while a minor can continue after she attains majority and is employed.
Whether any modification to the relief granted in the original judgment is required to allow the petitioner to reside at her own place.
Whether police protection should be made available to the petitioner.
Neesseha
Janadhipathy Vanitha Sanghatana
State of Kerala
Director General of Police
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
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