IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 8^TH DAY OF FEBRUARY 2022 / 19TH MAGHA, 1943 WP(C) NO. 1862 OF 2022 PETITIONER:

KRIPA CHARITABLE SOCIETY REG NO TSR/TC/692/2013 CHELAKKARA, THRISSUR 680 591 REPRESENTED BY ITS PRESIDENT, JOICE V.P, W/O. JOSE AGED 59 YEARS, KUNDUKULANGARA HOUSE, P.O KILLIMANGALAM, CHELAKKARA 680 591 BY ADV K.I.SAGEER RESPONDENTS:

1 DISTRICT SOCIAL JUSTICE OFFICER DISTRICT SOCIAL JUSTICE OFFICE, MINI CIVIL STATION, CHEMBUKAVU, THRISSUR 680 020

2 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT SOCIAL JUSTICE DEPARTMENT, ROOM NO. 620, 1ST FLOOR, SOUTH BLOCK, SECRETARIAT, THIRUVANANTHAPURAM

695 001 SMT.PARVATHY KOTTOL GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 8^th day of February, 2022 The petitioner, a society formed with the object to provide food and medicine to the needy, to provide financial support to the poor families at the time of marriage of their daughters, to extend all help to old age homes and destitutes, to provide study materials to students etc., is before this Court with a prayer to direct the 1^st respondent to keep in abeyance coercive steps if any, as per Ext.P5 for a period of 3 months so as to enable the petitioner to get registration from the concerned authorities for running orphanage and old age home.

2. The petitioner is running an old age home in Killimangalam, Panjal Grama Panchayath, Thrissur District in the name “Kripa Charitable Society”. The District Social Welfare Officer issued Ext.P5 notice to close down the old age home since it is being run without license.

3. The petitioner states that the old age home run by the petitioner have 12 inmates who are all very aged and ailing. During this Covid pandemic time, it will not be safe that these inmates are shifted to other places hurriedly. The petitioner also states that they require sufficient time to find out alternate arrangements to accommodate these aged people who are destitutes. The petitioner therefore submitted Ext.P6 representation before the 1^st respondent seeking grant of six months time for getting a license in favour of the petitioner. The petitioner requested the 1^st respondent to differ Ext.P5 proceeding for a period of six months.

4. The learned Government Pleader opposed the writ petition. The learned Government Pleader submitted that no agency or institution can run an old age home without getting license from the competent authority. Such institutions are many a time found exploiting the aged people. When the petitioner admits that their institution does not possess any license, the petitioner has no right to seek enlargement of time to obtain license.

5. I have heard the learned counsel for the petitioner and the learned Government Pleader.

6. The fact remains that there are 12 inmates in the old age home run by the petitioner. The petitioner is trying to obtain a license for their institution. During this Covid time the petitioner requires sufficient time to find alternate accommodation to shift the inmates of the old age home, if it is decided to be shut down. It is in such circumstances, that the petitioner has filed Ext.P6 representation before the 1^st respondent.

7. In the facts and circumstances of the case, this Court is of the view that interest of justice will be met, if the 1^st respondent is directed to consider Ext.P6 representation in accordance with law within a time frame.

The writ petition is accordingly disposed directing the 1^st respondent to consider Ext.P6 representation submitted by the petitioner within a period of one month.

Sd/-

N.NAGARESH JUDGE spk APPENDIX OF WP(C) 1862/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION CUM ACKNOWLEDGEMENT FOR USER NAME ISSUED BY THE REGISTRAR OF SOCIETY DATED 27-11-2013 Exhibit P2 A TRUE COPY OF THE REGISTERED BYELAW OF THE PETITIONER DATED 05-02-2014 Exhib