IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(C).No. 28307 of 2008(T) -------------------------- PETITIONER(S): --------------- N.BALACHANDRAN, SECRETARY, ASSOCIATION OF ORPHANAGES AND CHARITABLE INSTITUTIONS, KERALA, WAYANAD DISTRICT, PAZHASSI BALAMANDIRAM, DWARAKA, NALLOORNAD P.O., MANANTHAVADY 670645. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, SOCIAL WELFARE (B) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE CHILD WELFARE COMMITTEE, SULTHANBATHERY, WAYANAD DISTRICT, REPRESENTED BY ITS CHAIRMAN, K.ARAVINTHAKSHAN, SULTHANBATHERY, WAYANAD DISTRICT. 3. THE BOARD OF CONTROL FOR THE ORPHANAGE AND OTHER CHARITABLE HOMES, ORIENT HOUSE, EAST NADAKKAVU, CALICUT - 673006 REPRESENTED BY ITS CHAIRMAN. MR.DILIP MOHAN, GOVERNMENT PLEADER FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.28307/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE COMMUNICATION DATED 14/08/2005 ISSUED BY THE CHAIRMAN, CHILD WELFARE COMMITTEE TO THE ASSOCIATION OF ORPHANAGES AND CHARITABLE INSTITUTIONS. P2 : COPY OF THE LETTER DATED 31/02/2008 ISSUED BY THE CHAIRMAN, CHILD WELFARE COMMITTEE TO THE SECRETARY TO GOVERNMENT. P3 : COPY OF OBJECTION DATED 22/08/2008 SUBMITTED BY THE SECRETARY OF THE ASSOCIATION TO THE CHAIRMAN, CHILD WELFARE COMMITTEE. P4 : COPY OF SUMMONS ISSUED BY THE CHAIRMAN, CHILD WELFARE COMMITTEE, DATED 04/09/2008 TO THE PETITIOENR THROUGH THE STATION HOUSE OFFICER, MANANTHAWADI. P5 : COPY OF THE ADJOURNMENT APPLICATION SUBMITTED BY THE PETITIONER DATED 17/09/2008. P6 : COPY OF THE CERTIFICATE OF RECOGNITION ISSUED BY THE BOARD OF CONTROL FOR THE ORPHANAGE AND OTHER CHARITABLE HOMES, KERALA VALID FROM 04/12/1999. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.28307 of 2008 --------------------------------- Dated, this the 25th day of September, 2009 J U D G M E N T The petitioner is the Secretary of the Association of Orphanages and Charitable Institutions, Wayanad. He is also the correspondent of Pazhassi Balamandiram, Mananthavady, Wayanad, the certificate of registration of which issued under the Orphanages and Other Charitable Homes (Supervision and Control) Act, 1960, is Ext.P6. 2. In this writ petition, the petitioner is mainly aggrieved by Exts.P2 & P4. Ext.P2 is a communication issued by the 2nd respondent to the 1st respondent dated 31/07/2008 recommending to the 1st respondent to stop disbursement of grants to Children's Homes in Wayanad district until they are registered under Section 34(3) of the Juvenile Justice (Care & Protection of Children) Act, 2000. It would appear that the petitioner, being the Secretary of the Association of Orphanages and Charitable Institutions, was forwarded Ext.P2 under cover of Ext.P1, requiring him to circulate WP(C) No.28307/2008 -2- Ext.P2 among the members of the Association for information and necessary action. On receipt of Exts.P1 & P2, contending that their Institutions are not covered by the Juvenile Justice Act, 2000, and that therefore the institutions are not liable for registration under the Act and that the grant in aid is not liable to be withdrawn, the petitioner filed Ext.P3 objection before the 2nd respondent. It would appear that thereafter, the 2nd respondent issued Ext.P4 summons under Section 29(5) of the Juvenile Justice Act, 2000 and it was thereupon that this writ petition was filed. 3. The primary contention raised by the petitioner is that as per Exts.P2 & P4, proceedings have been initiated against him in his capacity as the Secretary of the Association, for ensuring compliance of Section 34(3) of the Act. The petitioner contends that even if the Act is applicable and registration is to be obtained, it is for the members of the Association to comply with the provisions of the Act, and that, for the said purpose, he cannot be proceeded against. 4. As already stated, the petitioner is only the Secretary of the Association of Orphanages and Charitable Institutions. Under WP(C) No.28307/2008 -3- Section 34(3) of the Act, registration is to be obtained by Organisations for children in need for care and protection and therefore, the liability for registration rests with the Organisations concerned. Therefore, even if the 2nd respondent is competent to initiate proceeding for compelling registration, such proceedings can only be against the organisations concerned, and not against the petitioner in his capacity as Secretary of the Association of the Organisations. Therefore, it is directed that if proceedings are to be initiated for compliance of Section 34(3) of the Act, such proceedings shall not be initiated against the petitioner in his capacity as the Secretary, but shall be against the individual Organisations, which are liable for registration. Clarifying the position as above, and leaving it open the authorities to take action in accordance with the above, this writ petition is disposed of. (ANTONY DOMINIC, JUDGE) jg