Petitioner sought custody of a minor child he claimed to have adopted. Status report showed biological parents had surrendered the child, who was lawfully adopted through regulated adoption procedures and now lives with adoptive parents. Writ petition dismissed with no costs.
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W.P.No.1909 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07.02.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No.1909 of 2024
K.Karthik
.... Petitioner
Vs
Salem District.
No.183/1, EVR Periyar Salai, Poonamalli High Road, Dasspuram,
Kilpauk, Chennai – 600 010.
4. Manjula Kumar
.... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus and call for the record pertaining to the proceeding order in Ka.No.631/Ma.ku.paa/2023 dated 12.12.2023 issued by the first respondent and quash the same as illegal,
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arbitrary and unconstitutional and directing the first respondent to hand over Minor daughter Dharani is aged about 18 months old baby to the petitioner hand.
For Petitioner : Mr.M.Murugesan For Respondents : Mr.M.R.Gokul Krishnan
Additional Government Pleader – R1 to R3
O R D E R
The petitioner has sought a writ of certiorarified mandamus calling for and quashing proceedings dated 12.12.2023 issued by the Social Welfare and District Child Protection Officer, Salem/R1. The petitioner had approached this Court earlier in W.P.No.33211 of 2023 seeking a mandamus directing R1 to hand over minor daughter Dharani (in short 'child') at that time, aged 18 months to him.
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dispose the representation that had been made by the petitioner seeking the same prayer as in that Writ Petition.
(District Magistrate) through the District Child Protection Unit along with https://www.mhc.tn.gov.in/judis Pg.No.3
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requisite documents for scrutiny and prospective adoption. The Committee had scrutinised the documents as per Regulation 10(4) of the Adoption Regulations and after scrutiny on 23.02.2023, had found the prospective adoptive parents suitable to adopt the child. An adoption order was passed as per Schedule XXXIII (Regulation 36(2)) and the child has been handed over to the adoptive parents.
07.02.2024
Index : Yes / No Speaking order Neutral citations:Yes sl
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Dr.ANITA SUMANTH,J.
sl
To
W.P.No.1909 of 2024
07.02.2024
Pg.No.5
1 issue framed by the court
Whether proceedings dated 12.12.2023 by the District Child Protection Officer negativing the petitioner's claim to custody should be quashed and the child handed over.
3 provisions across 2 enactments
K.Karthik
The Social Welfare and district child protection officer, Salem District
The District Collector, Salem District
The Tamil Nadu State Commission for Protection of Child Rights
Manjula Kumar
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
