HON’BLE SRI JUSTICE GODA RAGHURAM AND HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.26670 of 2007 ORDER: (per Hon’ble Sri Justice Goda Raghuram) The writ is initiated on the basis of a report of the District Legal Services Authority (DLSA), Kadapa with regard to the sub- standard conditions in the Children Home for Boys, Kadapa (hereinafter ‘the Children Home’) enclosing a report dated 01.11.2007. This Court, by order dated 20.12.2007, directed that a counter should be filed within a week and further directed the DLSA, Kadapa to visit the Children Home again and give a fresh report in view of the updated position, after the earlier report dated 01.11.2007. Simultaneously, the Secretaries of the Legal Services Authorities relevant to the Children Homes for Boys at Hyderabad, Eluru, Warangal, Visakhapatnam, Tirupathi and Kadapa; Observation Homes for Boys at Hyderabad, Nizamabad, Warangal, Vijayawada, Rajahmundry, Visakhapatnam, Tirupathi, Anantapur and Kurnool; Special Children Homes and Observation Homes for Girls at Hyderabad, Visakhapatnam and Tirupathi; and Special Homes for boys at Hyderabad, Visakhapatnam and Tirupathi were asked to report on the facilities available at the respective places. Reports were submitted and perused by this Court, and this Court, by a further order on 16.12.2009, directed the fourth respondent to file a counter affidavit. This Court, by order dated 20.01.2010, directed that the Chief Secretary to the Government be impleaded as the fifth respondent and Sri A. Satya Prasad, the learned Additional Advocate General, was requested to represent the State to assist this Court with regard to the steps needed to improve the standards of the Observation and Welfare Homes for Children. It was revealed on the perusal of several reports, that the Children Home for boys, Kadapa was in a deplorable state, both in terms of hygiene and minimum facilities required to nurture children in such a habitat. In the visit of the DLSA, Kadapa it came to be noticed that there was leakage from the zinc sheet roof; there were no mosquito meshes to the windows, and wherever mosquito meshes were provided to windows, they too were damaged; the fans and lights were not functioning; the available lavatories were in extremely unhygienic condition with foul smell emanating therefrom and were never cleaned; there was no provision of water for bathing nor even for drinking; the kitchen was unhygienicly maintained; the inmate children were not provided with clothing, towels, soaps or other minimal facilities; utensils used for cooking were in unhygienic condition; the Medical Officer deputed to work was not available during the visit of the DLSA; and the Superintendent of Home was unable to restore the minimal habitable conditions despite being warned by the District Collector. In the circumstances, this Court, in its order dated 20.01.2010, directed to implead the fifth respondent, the Chief Secretary to the Government, to monitor the conditions and undertake appropriate steps for the proper maintenance and upkeep of the Children Home. The Principal Secretary, Women Development was also directed to visit the Home personally and ensure rectification of all the deficiencies and to provide minimal facilities. The Chief Secretary to Government of Andhra Pradesh, fifth respondent, was directed to coordinate with all the departments, including the Finance and provide funds forthwith as well as commandeer all administrative resources for ensuring that the Children Home is brought into a state of hygienic and sanitary condition to ensure decent accommodation and nurturing of the juvenile inmates. The Chief Secretary filed his counter on 03.02.2010. The counter states that an amount of Rs.50.00 lakhs was sanctioned for construction of a new building to be executed by the A.P. Health Medical Housing and Infrastructure Development Corporation, Kadapa and that the work is in fair progress; additional funds to the extent required would be allocated for early completion of the building; action was taken to clean up toilets; provide vocational training; issue of adequate and hygienic clothing to the children, including soaps and cosmetics as required; provision of blankets; supply of medicines; and steps to initiate life skill development programme, coupled with counselling, for which an amount of Rs.1.65 crores is stated to have been sanctioned. The counter also states that the then Medical Officer was surrendered to the DM & HO and another doctor was posted on deputation, who is regularly taking care of the medical needs of the children. The counter assured that the vacancies in the staff of the home would be filled up by deputation or appointment. The District Collector was also stated to have been directed to review the functioning of the children home regularly and provide necessary assistance as required. When the matter is taken up today, the learned Additional Advocate General states that there is no water facility in the newly constructed building, that a pipeline is being laid from a distance of 1.5 KM to meet the water requirements, that the work of laying the pipe line has been commissioned and is under execution and very shortly the water facility would be available after completion of the pipeline laying work. The learned Additional Advocate General assures that the District Administration, if necessary, respondent Nos.3 to 5, would monitor the functioning of the home at regular intervals, to ensure that the deplorable conditions, which were reported by the District Legal Services Authority, Kadapa and which led to institution of this writ petition, do not recur. In the light of the action initiated for proper administration of the Children Home, we do not consider it necessary to keep the writ petition pending and continue the monitoring by this Court since the State administration is now sensitized to its affirmative obligations under the Constitution and the Laws. The Writ Petition is disposed of directing the District Collector to forward monthly reports on the state of the Children Home for Boys, Kadapa for the next one year and thereafter periodical reports be furnished to the fifth respondent who shall ensure necessary action is taken by the necessary departments with regard to the upkeep, maintenance or provision of necessary infrastructure, for the Children Home for Boys, Kadapa. No order as to costs. GODA RAGHURAM,J RAMESH RANGANATHAN,J Date:11.06.2010 Note:Furnish copy within three days bo usd