The main legal point established is that statutory procedures must be strictly followed, and orders issued without following the prescribed procedure are illegal and arbitrary.

JUDGMENT :

This writ petition is filed challenging Exhibits P1 & P2 orders passed by the District Collector, Thiruvananthapuram, dated 6.11.2012, and the Member, National Commission for Protection of Child Rights, dated 28.9.2012, addressed to the District Collector, Thiruvananthapuram, to take action against St.Joseph Sai Matha Orphanage, Moonnanamoodu, Kodunganoor, Thiruvananthapuram and to file an action taken report before the National Commission within 20 days of receipt of the letter. The subject issue arose under the provisions of the Commissions for Protection of Child Rights Act, 2005, hereinafter called, 'Act, 2005'.

2. Brief material facts for the disposal of the writ petition are as follows; petitioner is the Mother Superior-in-Charge of “Sisters of Mary”, conducting an orphanage for girl children in Thiruvananthapuram for the last several years and has around 100 destitute and orphan children, who are provided not only a place to stay, but also education, including higher education in the areas of interest of the children to enable them to get employment and make their own career. Grievance of the petitioner is that the District Collector, Thiruvananthapuram, in purported compliance of Ext P2 order passed by the 4th respondent viz., Dr.Yogesh Dube, then Member, Commission for Protection of Child Rights, New Delhi, issued Exhibit P1 order directing to provide financial assistance to the victim child for inflicting mental and physical injury. According to the petitioner, the 4th respondent is not empowered to issue any orders behind the back of the petitioner to the District Collector under the provisions of the Act, 2005. It is the specific case of the petitioner that the National Commission has not issued any notice to the petitioner on the basis of any complaint or conducted any inquiry as contemplated under sections 14 & 15 of the Act, 2005 and the rules thereto, under which act the National Commission was constituted.

3. The legal contention advanced is that, the Commission comprises 6 members and the decisions are signed by the Member Secretary as provided under rules 17, 18 & 19 of National Commission for Protection of Child Rights Rules, 2006, hereinafter called, 'Rules, 2006'. It is also submitted that even though the petitioner attempted to convince the District Collector, Thiruvananthapuram, with respect to the inadequacy of the procedure and illegality of the order, the District Collector was not prepared to listen to the petitioner and therefore, petitioner had no other option than to approach this Court by filing this writ petition.

4. The District Collector, Thiruvananthapuram, has filed a detailed counter affidavit submitting that the District Probation Officer, Alappuzha submitted a detailed report after enquiring the matter, vide letter dated 14.12.2013. In the report, the District Probation Officer, has found that the victim child is the eldest daughter of Mr.John Thomas (late) and Mrs.Mary Stella and they lived in Vizhinjam, Thiruvananthapuram District, with the younger child viz., Shefrin Mary John. Mr. John Thomas died about Six years ago and after his death, the life of the family plunged into utter poverty. Hence, Mrs.Mary Stella sent the victim child, to St.Joseph Sai Matha Orphanage, Moonnammoodu, Kodunganoor, Thiruvananthapuram District, hoping that the child would get proper food, education, care and protection at free of cost. But as per the report of the District Probation Officer, Alappuzha, the Orphanage authorities tortured the child unnecessarily and forced her to sweep the rooms, cleaning the wash basins, bath rooms and waste plates. One day, a sister and a worker burned her chest across with a heated iron rod and threatened her not to tell the incident to anybody and without giving proper treatment, the Orphanage Authorities telephoned the child's mother and asked her to take the child back to her home. So, the mother immediately took the child and was admitted to the Government Hospi