Held the miscellaneous petition was dismissed since granting the interim direction would virtually allow the prayer in the main writ petition.
The court declined to grant the interim direction and dismissed the miscellaneous petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction )
Thursday, the Twenty Third day of December Two Thousand Twenty One
PRESENT
THE HON`BLE MR.JUSTICE M.DHANDAPANI
WMP.No.29213 of 2021
IN WP.No.27658 of 2021
R.RENGANAYAKI @ DIVYA [ PETITIONER ]
Vs
1 THE GOVERNMENT OF TAMILNADU, [ RESPONDENTS ] REP. BY ITS PRINCIPAL SECRETARY SOCIAL WELFARE AND WOMEN ENDOWMENT DEPARTMENT, SECRETARIAT, FORT ST GEORGE, CHEPAUK, CHENNAI- 600 009.
2 THE TAMIL NADU COMMISSION FOR PROTECTION OF CHILD RIGHT, REP. BY ITS CHAIRPERSON, 183/1, EVR PERIYAR SALAI, POONAMALI HIGH ROAD, DASSPURAM, KILPAUK, CHENNAI- 600 010.
3 THE COMMISSIONER OF POLICE O/O. THE COMMISSIONER OF POLICE, COMMISSIONER OFFICE BUILDINGS, E.V.K.SAMPATH SALAI, VEPERY, CHENNAI- 600 007.
4 THE SUPERINTENDENT OF POLICE O/O. THE SUPERINTENDENT OF POLICE TRICHY CITY- PUDUKOTTAI, RAMANATHAPURAM ROAD, KAJAMALAI COLONY, TIRUCHIRAPPALLI- 620 020. 5 THE CHILD WELFARE COMMITTEE, CHENNAI-SOUTH, REP. BY ITS CHAIRMAN, NO.300, PURASAWALKAM HIGH ROAD, KELLYS, CHENNAI- 600 010.
6 MR.RAJ SARAVANA KUMAR THE JOINT DIRECTOR, THE TAMILNADU COMMISSION FOR PROTECTION OF CHILD RIGHT, 183/1, EVR PERIYAR SALAI, POONAMALLI HIGH ROAD, DASSPURAM, KILPAUK, CHENNAI – 600 010
7 THE INSPECTOR OF POLICE-LAW AND ORDER, O/O. THE INSPECTOR OF POLICE VELACHERY POLICE STATION, NO.1, VELACHERY MAIN RD, VELACHERRY, CHENNAI- 600 042.
8 MR.R.SURESH KUMAR S/O.RAJENDRAN, NO.404, C- BLOCK, VIGNESH EMPIRE, WORAIYUR, TRICHY - 620 003.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of interim direction directing the 2nd respondent not to conduct any enquiry in the matter touching the violation of child rights, involving the non - members of the 2nd respondent, especially involving the 6th respondent, (IN WMP.No.29213/2021) Pending disposal of the above WP.No.27658/2021.
Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.GOPINATH, Advocate for the petitioner and of M/S.C.SANGAMITHIRAI, Special Government Pleader for the 1 and 2 Respondents and of MR.R.MURTHI, GOVERNMENT ADVOCATE criminal side for the 3 and 4 Respondents, the court made the following order:-
If direction is given in this case, it will amount virtually allowing the prayer made in the writ petition. Therefore, this court is not inclined to give any direction and the miscellaneous petition is dismissed.
-sd/-
23/12/2021 / TRUE COPY /
Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO
1 THE PRINCIPAL SECRETARY, THE GOVERNMENT OF TAMILNADU SOCIAL WELFARE AND WOMEN ENDOWMENT DEPARTMENT, SECRETARIAT, FORT ST GEORGE, CHEPAUK, CHENNAI- 600 009. 2 THE CHAIRPERSON, THE TAMIL NADU COMMISSION FOR PROTECTION OF CHILD RIGHT, 183/1, EVR PERIYAR SALAI, POONAMALI HIGH ROAD, DASSPURAM, KILPAUK, CHENNAI- 600 010. 3 THE COMMISSIONER OF POLICE O/O. THE COMMISSIONER OF POLICE, COMMISSIONER OFFICE BUILDINGS, E.V.K.SAMPATH SALAI, VEPERY, CHENNAI- 600 007. 4 THE SUPERINTENDENT OF POLICE O/O. THE SUPERINTENDENT OF POLICE TRICHY CITY- PUDUKOTTAI, RAMANATHAPURAM ROAD, KAJAMALAI COLONY, TIRUCHIRAPPALLI- 620 020.
5 THE CHAIRMAN, THE CHILD WELFARE COMMITTEE, CHENNAI-SOUTH, NO.300, PURASAWALKAM HIGH ROAD, KELLYS, CHENNAI- 600 010.
6 THE INSPECTOR OF POLICE LAW AND ORDER, O/O. THE INSPECTOR OF POLICE VELACHERY POLICE STATION, NO.1, VELACHERY MAIN RD, VELACHERRY, CHENNAI- 600 042.
Order in WMP.No.29213 of 2021 IN WP.No.27658 of 2021
Date :23/12/2021
From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format TP(30/12/2021)
1 issue framed by the court
Whether the interim direction sought in the miscellaneous petition should be granted.
R. Renganayani @ Divya
Government of Tamil Nadu
Tamil Nadu Commission for Protection of Child Right
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
