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2019 Supreme(Online)(KER) 9832
HIGH COURT OF KERALA
A. K. Jayasankaran Nambiar, J, HRISHIKESH ROY, CJ, J
T K SURESHKUMAR – Appellant
Versus
THE KERALA STATE COMMISSION FOR PROTECTION OF CHILD RIGHT – Respondent
WRIT PETITION (CIVIL) 28881/2013
The court found that the establishment of the Kerala State Commission for Protection of Child Rights rendered the petition unnecessary.
Headnote:
Commission - Child Rights - Commission for Protection of Child Rights Act, 2005 - Section 17 - The court acknowledged that the Kerala State Government had constituted the Kerala State Commission for Protection of Child Rights as prayed for by the petitioner, rendering the petition moot.
Fact of the Case:
The petitioner sought to establish the Kerala State Commission for Protection of Child Rights under Section 17 of the Commission for Protection of Child Rights Act, 2005, and also to create Child Welfare Forums in all local governing bodies in the state.
Finding of the Court:
The court noted the absence of representation from the petitioner and accepted the government's assertion that the commission had already been established, resulting in the closure of proceedings.
Issues: The main issue was whether the Kerala State Commission for Protection of Child Rights had been constituted, as requested by the petitioner.
Ratio Decidendi: The court concluded that since the commission had already been constituted, the petition was no longer necessary, and thus proceedings were deemed closed.
Final Decision: The petition was closed as moot.
J U D G M E N T
Hrishikesh Roy, C.J.
There is none to represent the petitioner when the case is called. The prayer in this Public Interest Litigation is for constitution of the Kerala State Commission for Protection of Child Rights, under Section 17 of the Commission for Protection of Child Rights Act, 2005 . The petitioner also sought for consideration of the representation to constitute Child Welfare Forums headed by the respective Ward Members/Councilors, in all Wards, Panchayats, Municipalities and Municipal Corporations in the State.
2. In the absence of the petitioner's lawyer, the learned Government Pleader Sri.Surine George Ipe submits that the Government has already constituted the Kerala State Commission for Protection of Child Rights, by appointing the Members of the State Commission.
3. The above submission of the learned Government Pleader is considered. In the absence of any counter submission from the petitioner's side, we deem it appropriate to close this proceedings. It is ordered accordingly.
Sd/-
HRISHIKESH ROY CHIEF JUSTICE Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE prp/25/3/19 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF NEWS REPORT IN INDIA TODAY IN DATED 10.12.2012 EXHIBIT P2 TRUE COPY NEWS REPORT IN GULFNEWS.COM DATED
29.8.2013 EXHIBIT P3 TRUE COPY OF NEWS REPORT APPEARED IN MATHRUBHUMI DAILY DATED 4.5.2013 EXHIBIT P4 TRUE COPY OF NEWS REPORT IN TIME IN INDIA DATED
31.10.2013 EXHIBIT P5 TRUE COPY OF NEWS REPORT DATED 18.7.2013 IN THE HINDU EXHIBIT P6 TRUE COPY OF THE NATIONAL POLICY FOR CHILDREN
2013 EXHIBIT P7 TRUE COPY OF LETTER DATED 13.6.2013 OF THE PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P7(A) TRUE ENGLISH TRANSLATION OF EXHIBIT P7.
EXHIBIT P8 TRUE COPY OF LETTER DATED 12.7.2013 OF THE STATE PUBLIC INFORMATION OFFICER, SOCIAL JUSTICE (A) DEPARTMENT.
EXHIBIT P8(A) TRUE ENGLISH TRANSLATION OF EXHIBIT P8 EXHIBIT P8(B) TRUE COPY OF LETTER DATED 17.8.2013 OF THE STATE PUBLIC INFORMATION OFFICER, SOCIAL JUSTICE DIRECTORATE, THIRUVANANTHAPURAM.
EXHIBIT P8(C) TRUE ENGLISH TRANSLATION OF EXHIBIT P8(B)
EXHIBIT P9 TRUE COPY OF PETITION DATED 4.10.2013 SUBMITTED BY PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P10 TRUE COPY OF PETITION DATED 4.10.2013 SUBMITTED BY PETITIONER TO THE 3RD RESPONDENT EXHIBIT P11 TRUE COPY OF PETITION DATED 7.10.2013 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.`
EXHIBIT P12 TRUE COPY OF WEB PAGE OF THE NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS VISITED ON 12.3.2013.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY// P.S. TO JUDGE
