IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 6.7.2009 CORAM: THE HONOURABLE MR.JUSTICE S.J.MUKHOPADHAYA AND THE HONOURABLE MR.JUSTICE RAJA ELANGO Writ Petition No.645 of 2009 & M.P.Nos.1 to 3 of 2009 Deena Seva Trust (897/98), rep. by its Managing Trustee, Rev.Sr.Jecintha, having office at No.2/295, Ganesh Nagar, Ariyur, Vellore. ..Petitioner vs. 1. The District Collector, Vellore District. 2. Mrs.Saroja Thiruvengadam, Social Welfare Officer, Vellore District. 3. Mr.Ganesan, Probation Officer, Vellore District. 4. Mr.A.M.Lakshmanan ..Respondents Writ Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings in Se.Mu.Na.Ka.No.9275/A/08, dated 21.11.2008 and the consequential order in Na.Ka.No.9275/A/08, dated 2.12.2008 on the file of the District Social Welfare Office, Vellore (the second respondent herein) and to quash the same and direct the respondents 1 to 3 herein to pass appropriate orders to run Deena Seva Rehabilitation Centre. For Petitioner : Ms.Auxilia Peter For Respondents : Mr.D.Srinivasan, Addl.G.P. for R-1 https://hcservices.ecourts.gov.in/hcservices/ ORDER (The Order of the Court was made by S.J.Mukhopadhaya,J) The petitioner, a Trust, which claims to be a non-governmental organisation (NGO), is running a centre known as Deena Seva Rehabilitation Centre (hereinafter referred to as 'the Home'), Ariyur, Vellore. The petitioner-Home has challenged the proceedings dated 21.11.2008 and the consequential order dated 2.12.2008 issued by the second respondent. 2. By proceedings dated 21.11.2008, the District Social Welfare Officer, Vellore District, informed that 72 children were found in the Home by the District Social Welfare Officer and the Probation Officer and the following defects were noticed: (i) The organisation is functioning without obtaining permission/recognition from the Government. (ii) The Admission Register, Attendance Register, Discharge Register were not maintained. (iii) The Attendance Register for the staff are not maintained. (iv) The Register containing the discharge of children is not maintained. (v) It has been noted that some children of the Home are addicted to drugs and (vi) It has come to the knowledge that anti-social activities are taking place, and thereby, the said Officer ordered to close the Home in the interest of the children and to hand over the children to the Child Welfare Committee at Ranipet for boys and Allapuram, Vellore for Girls. It was further informed that if the Home is not closed, action will be taken. The consequential order was issued on 2.12.2008, whereby it was ordered to transfer the children as per the enclosure of the said order dated 2.12.2008, in the light of the impugned letter dated 21.11.2008. 3. Learned counsel appearing on behalf of the petitioner submitted that the inmates of the Home are destitute children and the Home has taken care of the same. It is further stated that all the allegations levelled against the petitioner-Home, by letter dated 21.11.2008, are baseless. According to the learned counsel appearing on behalf of the petitioner, the destitute children, some of whom were drug addicts, were also taken in the Home, for their rehabilitation, but no anti-social activity is taking place within https://hcservices.ecourts.gov.in/hcservices/ the Home. Without making proper verification in the presence of the petitioner or any authorised person, such allegations have been made in the letter/proceedings aforesaid, dated 21.11.2008. It is further submitted that if nobody takes care of the destitutes, it is always open for the NGO to take care of the destitutes. 4. Learned counsel appearing on behalf of the State opposes the Writ Petition on the ground that the Home is running without any approval from the competent authority of the State. 5. We have heard learned counsel appearing for the parties. 6. It is brought to the notice of the Court by the respondents that the Central Act, namely The Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the JJ Act') was enacted to consolidate and amend the law relating to juveniles, both who are in conflict with law and children in need of care and protection, by providing for proper care, protection and treatment by catering to their development needs, and by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation and for the matters connected therewith or incidental thereto (vide-"The Statement of Objects and Reasons of the JJ Act"). 7. Chapter-III of the JJ Act deals with any child in need of care and protection. Apart from the fact that a Child Welfare Committee has to be constituted under the JJ Act to look into the welfare of the children in need of care and protection, Children's Homes are required to be established and maintained, under Section 34 of the JJ Act, either by the State Government or in association with the voluntary organisations, in every District or group or Districts. The Rules have been framed under Section 34(2) of the JJ Act for the management of the Children's Home including standards, their nature of services to be provided by them and the circumstances under which and the manner in which the certification of a Children's Home or recognition to a voluntary organisation may be granted or withdrawn. 8. Under Section 34(3), all institutions, whether State Government run or those run by voluntary organisations for children in need of care and protection, are required to be registered under the JJ Act within a period of six months from the date of commencement of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006. 9. Admittedly, the petitioner-Home having not been registered under the provisions of the JJ Amendment Act, 2006, in the manner as prescribed therein, it is not open for the petitioner to run the Home even for the purpose of care and protection of the destitute children. https://hcservices.ecourts.gov.in/hcservices/ 10. In view of the aforesaid facts, pending Writ Petition, M.P.No.3 of 2009 has been filed by the petitioner to direct the respondents to register the petitioner-Trust as NGO, for the purpose of care and protection of children, particularly those who are destitutes. Learned counsel for the respondents-State submitted that if such proper application is filed before the appropriate authority, the matter will be considered. 11. In view of the stand taken by the parties and the law as referred to above, while we are not inclined to interfere with the impugned letter/proceedings dated 21.11.2008 and the consequential order dated 2.12.2008, we allow the petitioner to apply for registration of its Trust/Home/Rehabilitation Centre, under the provisions of the JJ Amendment Act, 2006, and if such application for registration is filed by the petitioner, along with the requisite documents and fee, if any prescribed, the competent authority may, after necessary verification and enquiry as may be required under law, pass appropriate orders. In case of any adverse decision, the authorities will communicate the grounds to the petitioner. 12. The Writ Petition stands disposed of with the aforesaid observations and directions, but there shall be no orders as to costs. The Miscellaneous Petitions are closed. sd/- Asst.Registrar /true copy/ Sub Asst.Registrar cs To 1. The District Collector, Vellore District. 2. The Social Welfare Officer, Vellore District. 3. The Probation Officer, Vellore District. + 1 c.c. to The Government Pleader. S.R.No.28727. Writ Petition No.645 of 2009 KK (CO) GSK 20.07.2009. https://hcservices.ecourts.gov.in/hcservices/