IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 20737 of 2009(J) -------------------------- PETITIONER(S): --------------- GEORGE PAUL, S/O.PAUL PAILEY, AGED 36 YEARS, AVIYIL HOUSE, KATTAMBAKKU POST, KOTTAYAM-686 612. BY ADV. SRI.DENIZEN KOMATH SRI.SHERRY J. THOMAS RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM. 2. SUPERINTENDENT OF POLICE, ALUVA RURAL, ALUVA, ERNAKULAM. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, SOCIAL WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 4. CHAIRMAN, BOARD OF CONTROL FOR ORPHANAGES AND OTHER CHARITABLE HOMES, THIRUVANANTHAPURAM. 5. SMT.LILLY, MANAGER, `KRIPALAYAM', VATTAPARAMBU P.O., ERNAKULAM. 6. C.P.VARGHESE, `KRIPALAYAM', VATTAPARAMBU P.O., ERNAKULAM. ADV. SRI.K.S.BHARATHAN FOR R5 & 6 GOVERNMENT PLEADER, SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.20737/2009-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of March, 2010 J U D G M E N T The petitioner has approached this Court alleging that respondent Nos.5 and 6 are conducting an establishment by name 'Kripalayam' without any lawful authority or eligibility. It is pointed out that no licences under the relevant statute have been obtained for conducting the said institution. The petitioner also has raised a contention that the inmates are being ill-treated and harassed by respondent Nos.5 and 6 also. 2. The fifth respondent has filed a counter affidavit disputing the allegations regarding harassment etc.. It is submitted that the institution was being run properly. It is also mentioned therein that the fifth respondent had moved the authorities concerned for appropriate licence also. 3. In the statement filed by the first respondent it is mentioned that the Superintendent of Police, Ernakulam Rural, Aluva reported that the petitioner's sister Smt.Lillykutty Paul was never subjected to any kind of tortures as alleged in the complaint raised by the petitioner. It is also mentioned that the Social Welfare Officer was directed to conduct an enquiry in the matter. W.P.(C). No.20737/2009 -:2:- If is further pointed out by the learned Government Pleader that the inmates have been removed to an authorised orphanage after the filing of the writ petition. 4. Today, the fifth respondent submitted that they have already been issued licence under the relevant statute by the competent authority. In that view of the matter, no further orders are called for in the writ petition and the same is closed. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE