1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2011 CORAM: THE HONOURABLE Mr.JUSTICE R.SUDHAKAR W.P.(MD)No.8232 of 2011 and M.P.(MD)Nos.1 to 3 of 2011 Ebenezer Rural Development Trust, Rep.by its Advisory Member M.Jeeva H.No.8.4.850, Near Telephone Exchange, Nilakottai 624 208. Dindigul District. ... Petitioner Vs. 1.The Director, Directorate of Social Welfare, Chepauk,Chennai 5. 2.M.Gnanaguru, District Social Welfare Officer, Dindigul District, Velu Nachiar Complex, Dindigul. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records on the file of the 2nd respondent in connection with the impugned order of closure passed by her in her proceedings in Na.Ka.No.1533/A1/2009 dated 11.07.2011 and quash the same as illegal and arbitrary and consequently, direct the 1st respondent to grant recognition to the petitioner's Trust for running the Home. For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.R.Anandharaj, G.A. ORDER Heard Mr.G.Thalaimutharasu, learned counsel for the petitioner and Mr.R.Anandharaj, learned Government Advocate, who takes notice for the respondents. 2.By consent, the Writ petition itself is taken up for final hearing. 3.The Writ petition has been filed challenging the order dated 11.07.2011 passed by the 2nd respondent for closure of the petitioner's Children Home. Earlier a Division Bench of this Court in W.P.(MD) No.10373 of 2009 passed the following order: "The petitioner-Trust, being aggrieved by the order of closure of the unregistered Children Home run by it, has filed this Writ petition. The contention of the petitioner – Trust is that the Home is being run by the Trust out of its own funds without seeking any donations or financial help from the Government. We are of the view that the petitioner may file a representation as well as an https://hcservices.ecourts.gov.in/hcservices/ 2 application for registration of its Home before the respondents/State, who in turn, shall inspect the Home and take a decision by passing a reasoned order and allow the petitioner – Trust to run the Home, if it is fulfills all the requirements of law, if not, directions shall be issued for closure of the Home. It is made clear that till appropriate orders are passed by the Government, the petitioner shall not admit any children in the Home run by it. The petitioner must file such representation as also their application for registration within two weeks from today and the authority concerned shall take a decision thereon within four weeks thereafter. The Writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, M.P.Nos.1 to 3 of 2009 are closed. " 4.Thereafter, the petitioner filed an application before the respondents, which according to the respondents is not in proper. The petitioner, however, contended that he has resubmitted the application in order and the respondents without considering the same has passed the impugned order to close the Children Home. 5.It is seen that the application for grant of licence submitted to the respondents was not in the proper format and hence, the petitioner was directed to file application with all necessary documents. Accordingly, the petitioner submitted the application to the 2nd respondent on 04.08.2011 and certain queries were raised and in response to the same, further documents were submitted on 20.09.2011. 6.Today, the 2nd respondent is present before this Court and states that based on the application submitted on 04.08.2011 and the additional documents furnished on 20.09.2011, she will send a report to the 1st respondent to consider the plea for grant of licence to run the Children Home. She seeks further 15 days time to forward the application with remarks to the 1st respondent. 7.In such view of the matter, 15 days time is granted to the 2nd respondent to forward the application with remarks to the 1st respondent and the 1st respondent shall pass orders for grant of licence to run the Children Home within 15 days thereafter, after hearing the petitioner in person. 8.Till such time an order is passed by the 1st respondent, either way, the respondents shall not disturb the petitioner to run the Children Home with 14 children and the petitioner shall not admit any more children without the permission of the 2nd respondent. The impugned order is set aside with a direction as above. https://hcservices.ecourts.gov.in/hcservices/ 3 9.The Writ petition is disposed of accordingly. No costs. Consequently, connected M.Ps.are closed. Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To 1.The Director, Directorate of Social Welfare, Chepauk,Chennai 5. 2.M.Gnanaguru, District Social Welfare Officer, Dindigul District, Velu Nachiar Complex, Dindigul. W.P.(MD)No.8232 of 2011 28.09.2011 nbj PA/29.09.2011/3P/3C https://hcservices.ecourts.gov.in/hcservices/