IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 WP(C).No. 18315 of 2011(L) --------------------------------------- PETITIONER(S): ------------------------ JANASEVA SISUBHAVAN, P.O.BOX 107, NEAR U.C.COLLEGE, ALUVA, REPRESENTED BY ITS GENERAL SECRETARY. BY ADV. SRI.B.S.SWATHY KUMAR SMT.ANITHA RAVINDRAN SMT.M.G.AISHWARYA RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF SOCIAL WELFARE, SECRETARIAT, THIRUVANANTHAPURAM-695 001. * ADDL.R2 IMPLEADED * R2: KHADEEJATHUL KUBRA ISLAMIC TRUST, NETTOOR.P.O., ERNAKULAM DISTRICT REPRESENTED BY IT'S GENERAL SECRETARY * IS IMPLEADED VIDE ORDER DATED 20/7/2011IN I.A.NO.11734/2011 R1 BY GOVERNMENT PLEADER SRI.T.K.ARAVINDKUMAR BABU ADDL.R2 BY ADV. SRI.C.A.MAJEED SRI.K.H.ASIF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.18315/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NEWS ITEM APPEARED IN MATHRUBHUMI DAILY 28/2/2011. P2 COPY OF THE NEWS ITEM APPEARED IN THE NEW INDIAN EXPRESS DAILY DATED 01/3/2011. P3 COPY OF THE REQUEST DATED 27/2/2011 OF THE SUB INSPECTOR OF POLICE, ALUVA POLICE STATION. P4 COPY OF THE ORDER IN O.P.NO.831/2011 DATED 5/3/2011. P5 COPY OF THE ORDER DATED 27/06/2011 IN WP(C)NO.17271/2011 P6 COPY OF THE ORDER DATED 01/07/2011 OF THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. RESPONDANT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 18315 OF 2011 ----------------------------------------------------- Dated this the 1st day of September, 2011 J U D G M E N T This writ petition is filed challenging Ext.P6 order passed by the Chief Judicial Magistrate, Ernakulam directing the petitioner to hand over custody of the children mentioned in the order, whose recovery led to the registration of Crime No.571/11 of Aluva Police Station and entrusted to their institution, being handed over to Muslim Priest, if they arrives and willing to take custody. 2. By order dated 7.7.2011, the aforesaid order was stayed by this Court. The impugned order does not make any reference to the statutory provisions under which it was passed and in any case on account of the subsequent developments resulting in the filing of WP(C) No. 20255/11, this order does not have to be implemented. Therefore setting aside Ext.P6 order, this writ petition is closed. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge