This order dismisses a writ petition seeking to lift a ban imposed on a children's home and return children in custody. The court held the institution responsible for improper management and refused to view the offence leniently despite the warden's acquittal, finding no merit in the 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
DATED : 18.11.2021
CORAM:
THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY
W.P.NO.10128 OF 2018
Karunai Children's Home, Represented by its Director G.George Mullar, Grey Nagar and Post, Vijayamangalam (Via), Erode District 638 056. ...Petitioner
Vs
Prayer:
Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 4th respondent to lift the ban imposed on the petitioner's home vide order No.3 of 12 dated 04.10.2012 by the 4th respondent and again hand over the children already taken, to the custody of the petitioner's home based on the petitioner's appeal petition, dated 22.09.2017 made to the 4th respondent.
For Petitioner : Mr.K.Kannan For R1 to R3 : Mr.K.M.D.Muhilan Government Advocate For R4 : Mr.V.Jayaprakash Narayanan
O R D E R
This Writ Petition has been filed, seeking for a mandamus on the fourth respondent to lift the ban imposed by the fourth respondent/District Children Protection Officer, on the petitioner's Karunai Childrens Home, vide order No.3 of 12 dated 04.10.2012 and to handover the children to the custody of the petitioner's home based on the petitioner's Appeal Petition, dated 22.09.2017, made to the fourth respondent .
2.1 According to the learned counsel for the petitioner, though initially, the said Warden was convicted by the trial Court, subsequently, he was acquitted by the Appellate Court. Therefore, the petitioner made an appeal Petition, dated 22.09.2017, to the fourth respondent to lift the ban and also to hand over the children taken from the petitioner's home. Since the Appeal petition was not disposed of, this Writ Petition came to be filed, seeking for the above stated relief.
occurred, and that, if the petitioner is allowed to run home, engaging this type of persons, then, these kind of incidents will be recurring and therefore, the petitioner's Appeal Petition was not considered. Hence, the learned Government Advocate submits that the Writ Petition is liable to be dismissed.
5.1 The petitioner is not running a hotel, or restaurant, where, such an incident is common, but, the petitioner is running a Children Home, therefore, the petitioner has to be cautious in engaging employees under them. Here, in this case, if the Warden engaged by the petitioner's Home had indulged in these sort of heinous activities, then, imagine, what, would be plight of the children, who were abandoned children and left under the care of the Insitution, as it would amount to fence eating the crops. Though it is the contention of the petitioner that the Warden, though intially got convicted, subsequently, he was acquitted, that cannot be a ground for the petitioner to seek for grant of permission to run the Home again and wanted their children back to run the home. Though the petitioner has given a statement, solmenly affirming that these kind of incidents would not happen in future, offence of this nature cannot be viewed leniently. Hence, I do not find any merit in the Writ Petition.
Sd/Assistant Registrar(CS-II)
//True Copy//
Sub Assistant Registrar
jd/sd
To
W.P.No.10128 of 2018
KSM(CO) RLP(09/12/2021)
2 issues framed by the court
Whether the ban imposed on the petitioner's children home can be lifted and children returned despite an incident of sexual abuse by the warden.
Whether the acquittal of the warden by the Appellate Court is a ground to permit the petitioner to run the home again.
1 provisions across 1 enactments
Karunai Children's Home, Represented by its Director G.George Mullar
The Director of Social Welfare, Directorate of Social Welfare, Old Engineering College Complex, Chepauk, Chennai
The District Collector, Erode District, Erode
The District Social Welfare Officer, Erode District, Erode
The District Children Protection Officer, Social Protection Department, Erode
KRISHNAN RAMASAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
