IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 WP(C).No. 6279 of 2008(V) --------------------------------------- PETITIONER(S): -------------------------- JOSE MAVELI, PRESIDENT, JANASEVA SISUBHAVAN, ALUVA. BY ADV. SMT.P.A.ANITHA RESPONDENT(S): --------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY/DEARTMENT OF WOMEN AND CHILD DEVELOPMENT, NEW DELHI. 2. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SHRI.HARIKRISHNAN, CGC R2 BY GOVERNMENT PLEADER SRI. P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.6279/2008 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE OF REGISTRATION. P2: COPY OF THE CERTIFICATE OF RECOGNITION AS FOUNDLING HOME. P3: COPY OF THE CERTIFICATE OF RECOGNITION AS ORPHANAGE FOR GIRLS. P4: COPY OF THE CERTIFICATE OF RECOGNITION AS ORPHANAGE FOR BOYS. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.6279 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of November, 2010 J U D G M E N T The counsel for the petitioner is absent. This writ petition is filed seeking the following reliefs: A) issue a writ in the nature of mandamus commanding the 1st respondent to constitute the National Commission for Protection of Child Rights, as stipulated under S.3 of the Commission for Protection of Child Rights Act, 2005, B) issue a writ in the nature of mandamus commanding the 2nd respondent to constitute the State Commission for Protection of Child Rights, as stipulated under S.17 of the Commission for Protection of Child Rights Act, 2005, C) issue a writ in the nature of mandamus commanding the 2nd respondent to constitute the Children's Courts as stipulated under S.25 of the Commission for Protection of Child Rights Act, 2005, A counter affidavit has been filed on behalf of the 2nd respondent, wherein it is stated that prayers A & C have already become infructuous insofar as the Government has already complied with the provisions of law in respect of the same. As far as prayer B is concerned in the counter affidavit it is stated that, it is not mandatory that a State W.P.(C)No.6279 of 2008 -2- Commission should be appointed and it is the discretion of the Government as per Section 17 of the Act. It is stated that the Principal District Judge of each district has been conferred with the power of the State Commission under Section 17 of the Act. Recording the same, the writ petition is closed. S. SIRI JAGAN JUDGE shg/