Allowed

Surendran M v. State of Kerala

Kerala HC4 Jun 2021RPJJ/5/2021

Case brief

AI extract

What is this about?

The High Court set aside the Child Welfare Committee's order denying a child's request for re-admission to a shelter home. The Court held that the Committee overlooked the child's long-standing residence and ongoing education at the institution, directing fresh orders permitting admission.

What did the court decide?

Annexure-A3 order set aside; Child Welfare Committee directed to pass fresh orders permitting the mother's admission in Lisieux Home within 2 weeks.

Surendran M Vs State of Kerala — Child Custody and Guardianship | Kerala HC (2021)

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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.K.JAYASANKARAN NAMBIAR

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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FRIDAY, THE 4^TH DAY OF JUNE 2021 / 14TH JYAISHTA, 1943

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RPJJ NO. 5 OF 2021

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REVISION PETITIONER/S:

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SURENDRAN M AGED 45 YEARS ,S/O MADHAVAN, KOPPATHIL HOUSE, PEDUKIL KUNDU, KIZHAKKUMCHERI .P.O, PALAKKAD DISTRICT.

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BY ADVS. LINDONS C.DAVIS SMT.E.U.DHANYA SRI.RAJITH DAVIS

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF SOCIAL WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 CHILD WELFARE COMMITTEE,THRISSUR, GOVERNMENT CHILDREN'S HOME, RAMAVARMAPURAM P.O, THRISSUR DISTRICT-680631.

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OTHER PRESENT:

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SR GP SAIGI JACOB PALATTY

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THIS REV.PETITION(JUVENILE JUSTICE) HAVING COME UP FOR ADMISSION ON 04.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

RP (JJ) 5/2021

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JUDGMENT

DATED THIS THE 4^th DAY OF JUNE, 2021

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Gopinath, J:

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This Revision Petition has been filed by the father of a minor girl aged 13 years challenging Annexure-A3 order issued by the Child Welfare Committee, Thrissur District under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015. The brief facts are that the petitioner's daughter had been lodged at a child care institution namely 'Lisieux Home' under the St. Anne's Charitable Trust, Thrissur considering the circumstances of her family. She is now a student of the 9^th standard in the St. Anne's Convent Girls High School, West Fort, Thrissur which is a school situated near to the Lisieux Home.

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On account of the COVID-19 pandemic the petitioner's daughter was sent to her home when the lock down restrictions were imposed in March/April 2020. The child continued her education from her house. The petitioner's request for readmission to the Lisieux Home was turned down stating that while they have no objection to readmit the child there, orders are to be obtained from the Child Welfare Committee, Thrissur District for such re-admission. This prompted the petitioner to file Annexure-A1 application before the Child Welfare Committee, Thrissur District. By Annexure-A3 order the Child Welfare Committee has rejected that request by passing a cryptic order which reads as follows:-

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RP (JJ) 5/2021

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“(1) Child BIBITHA K.S. (13 years) is now living with her parents at Palakkad District and this academic period is going to complete. Hence the Child Welfare Committee, Thrissur is hereby dismissing the application for placing child in the Lisieux Home, St. Anne's Charitable Trust, West Fort, Thrissur.

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(2) Mr. Surendran can approach the Child Welfare Committee, Palakkad, if any shelter needed.”

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We can only assume that the Child Welfare Committee had passed the aforesaid order considering the fact that the petitioner is a resident of Palakkad District and not of Thrissur District.

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We have heard the learned counsel for the petitioner and learned Senior Government Pleader appearing for the respondents. Having considered the matter we are of the opinion that Annexure-A3 order is liable to be set aside. The Committee has failed to notice the fact that the child was an inmate of Lisieux Home right from the time she was studying in the 1^st standard. She is currently in the 9^th standard and is continuing her education at the aforestated school in Thrissur town. These are the factors should have weighed that the Committee while taking a decision on AnnexureA1 application. Obeviously these factors were lost sight of by the Committee. We therefore set aside Annexure-A3 order and direct the Child Welfare Committee, Thrissur District to pass fresh orders permitting the admission of the petitioner's daughter in the Lisieux Home, Thrissur. Necessary orders in this regard shall be

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RP (JJ) 5/2021

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passed within 2 weeks from the date of receipt of a copy of this judgment.

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The revision petition will stand disposed of in the aforesaid manner.

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Sd/- A.K. JAYASANKARAN NAMBIAR

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JUDGE

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Sd/- GOPINATH P. JUDGE

AMG

RP (JJ) 5/2021

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APPENDIX OF RPJJ 5/2021

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PETITIONER'S ANNEXURES

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ANNEXURE A1 A COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER.

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ANNEXURE A2 A COPY OF THE SOCIAL INVESTIGATION REPORT REGARDING THE PETITIONER'S DAUGHTER.

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ANNEXURE A3 CERTIFIED COPY OF THE ORDER NO.224/CC1/2020 DATED 1802-2021 OF THE CHILD WELFARE COMMITTEE, THRISSUR.

Surendran M v. State of Kerala

Case brief

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Surendran M v. State of Kerala

Case brief

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