JUDGMENT :

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the proceedings of the fifth respondent in Na.Ka.5441/2014/C1 dated 21.01.2015 and quash the same.)

The order dated 21.01.2015 passed by the fifth respondent is under challenge in the present writ petition.

2. The petitioner is a Public Charitable Trust which came into existence on 05.04.1999, pursuant to the Deed of Declaration registered as document No.528 of 1999.

3. The learned counsel for the petitioner-Trust states that the fifth respondent along with other officials, threatened the petitioner-Trust and directed them to close down the Children Home. The petitioner sent a complaint to the Chief Secretary regarding the high handedness shown by the fifth respondent.

4. However, in respect of such allegations, this Court cannot conduct an enquiry in the present writ petition, as the same is filed challenging the proceedings of the fifth respondent dated 21.01.2015, which states that during the inspection, the Authorities found that 24 male children and 25 female children were kept under the custody of the petitioner-Trust without obtaining proper permission.

5. In view of the fact that 5-1/2 years lapsed, to ascertain the present status, this Court directed the Competent Authority, namely, the District Child Protection Officer, Thiruvallur to conduct an inspection and file status report. Such an order is passed in view of the fact that the impugned order states 24 male children and 25 female children were under the custody of the petitioner-Trust illegally. Pursuant to the orders of this Court, the District Child Protection Officer, Thiruvallur, filed the Status Report, dated 08.10.2021, wherein paragraph-2, which reads as under:-

“2. The seventh respondent DCPO Mrs. M. Nishandhini, Protection Officer Mrs. K. Malarvizhi (Institutional Care) Protection Officer Mrs. S. Sangeetha (Non Institutional Care), Legal cum Probation Officer Mrs. D. Sangeetha, and sixth respondent Child Welfare Committee Member Mr. Kanagaraj, inspected the Eternal Word Trust Children's Home located at Zion Street, Saraswathi Nagar, Thirumullaivoyal, Chennai-62 on 06.10.2021 at 10.45 a.m. At the time of inspection Mrs. Esther, a female employee was cleaning the Girls Home with the help of some staffs. None of the girl children were present in the Home and they did not maintain any records and thereafter we conducted an Inspection in Eternal Word Trust Boys Home located at Saraswathi Nagar, 7th Lenin Street, Thirumullaivoyal, Chennai-62 on 06.10.2021 at 11.30 a.m. At the time of Inspection, the Home was Guarded by one Mr. Usman Ibrahim appointed through the Don Bosco Security Service. None of the Boys were present in the Home and no records were maintained.”

Thus, it is made clear that as of now no children are in the custody of the petitioner.

6. The learned counsel appearing on behalf of the impleaded respondent No.9, raised an allegation that some portion of the property belongs to the impleaded respondent No.9 and civil suits are also filed and they are pending. However, in respect of such civil disputes, it is for the parties to adjudicate the same before the Competent Civil Court of Law with reference to the documents and the evidences.

7. The petitioner raises many allegations against the official-respondent, namely, Tahsildar, Thiruvallur. The impugned order states that the petitioner was under the illegal custody of 24 male children and 25 female children. As of now, as per the Status Report, no children are in the custody of the petitioner. Thus, the genuineness of such allegations, cannot be gone into by this Court in the present writ petition, that too, after this length of time.

8. This being the factum, the petitioner cannot run any such Children Home without obtaining proper permission from the Competent Authorities in the manner known to law. As such, the impugned order lost its relevance as no child