The petitioner, father of a POCSO victim, sought writs to force the respondents to arrange for the child to appear for SSLC examinations. The court noted the child had already participated in the exams due to prior interim orders and dismissed the petition as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 17TH DAY OF JULY 2019 / 26TH ASHADHA, 1941
WP(C).No.7243 of 2019
PETITIONER/S:
SIRAJ MAIDAN KOYA, AGED 50 YEARS, S/O. LATE KASIM,RESIDING AT CHETHLAT ISLAND, U.T. OF LESHADWEEP,PIN-682 554
BY ADVS. SRI.AASHIQUE AKTHAR HAJJIGOTHI SMT.KEERTHANA J. RAMESH
RESPONDENT/S:
1 THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP KAVARATTI,PIN-682 553
2 THE DIRECTOR, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, LAKSHADWEEP ADMINISTRATION, KAVARATTI ISLAND, UNION OF TERRITORY OF LAKSHADWEEP,PIN-682 55
BY ADV. SRI.MANU.S, CGC, ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.7243 of 2019 2
JUDGMENT
This writ petition is filed by the petitioner
seeking the following reliefs:-
“i. Issue a writ of mandamus or any other appropriate writ, order or direction to the 1st respondent to make necessary arrangements for the victim to appear for the SSLC examination to be held from 18.3.2019 to 28.3.2019 at Government H.S.S Chethlat.
ii. Issue a writ of mandamus or any other appropriate writ, order or direction to the 1st and 2nd respondent to let the petitioner accompany and stay along the victim to Chethlat to appear for the SSLC examination.
iii. Any other appropriate order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”
No.2/2017 of Chethlat Police Station, Lakshadweep.
When the writ petition came up for admission, an interim order was passed by this court on 13.03.2019, whereby, directions were issued to the Administrator of the Lakshadweep Administration to take appropriate
action to ensure that the victim of the POCSO case writes the SSLC examination under the strict vigilance
WP(C).No.7243 of 2019 3
and supervision of the Administrator, and the
respondents were directed to file a report before this court.
that, the victim has participated in the SSLC
examinations and is re-transported to the shelter home attached to Working Women's Hostel, Kavarathy and is in the safe custody of the Administrator.
Therefore, I do not think anything survives to be
considered in this writ petition any further and accordingly, the writ petition is dismissed as infructuous.
Sd/-
SHAJI P.CHALY
JUDGE
uu 17.07.2019
WP(C).No.7243 of 2019 4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE PHOTOCOPY OF THE ORDER DATED 21.1.2017 IN BAIL APPLICATION NO.6646/2017 AND CONNECTED CASES EXHIBIT P2 THE TRUE PHOTOCOPY OF THE ORDER DATED 26.07.2018 IN WPC NO.17795/2018 EXHIBIT P3 THE TRUE PHOTOCOPY OF THE COMMUNICATION F.NO.43/01/2018-WCD DATED 25.02.2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 THE TRUE PHOTOCOPY OF THE ADMISSION TICKET ISSUED BY THE GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA
2 issues framed by the court
Whether the writ petitions seeking directions to facilitate the victim's appearance for SSLC examination are maintainable when the examinations have already been conducted.
Whether the interim orders passed earlier have become infructuous due to the fulfillment of the court's directions.
Siraj Maidan Koya
The Administrator, Union Territory of Lakshadweep
The Director, Department of Women and Child Development, Lakshadweep Administration
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
