[Judgment of the Court was made by RAJIV SHAKDHER, J.]
1. We have interacted with the four (4) out of five (5) children, i.e., except, one, Master George Mark.
2. Our interaction with them has revealed that the children are unhappy, where, they are, presently, residing, i.e., SOS Village, Tambaram (in short, S.O.S.).
2.1. These children were earlier housed in Assisi Illam, Nethaji Nagar, Tambaram.
2.2. We are informed that the Assisi Illam's facility at Nethaji Nagar, St. Thomas Mount, Chennai, is, presently, registered. Earlier, Assisi Illam facility at Magazine Road, was the only one, which was registered and it was on account this fact, that is, non-registration of their facility at Nethaji Nagar, that children housed therein were removed to S.O.S.
3. We had, in fact, called upon Mr.Raja Srinivas, Deputy Superintendent of Police, Anti-Trafficking Cell, CBCID Cell, to enquire into the matter.
3.1. The Officer has submitted before us a detailed report. We had, in fact, in our directions issued on the last occasion, i.e., on 31.10.2017, asked him to enquire into the activities of Dr.Rexline, with regard to not only the aforementioned children, Baby Mary Sylvia; Baby Spohia Christy, Master George Mark, Master Jacob John and Baby Jasmine Kate, but also with regard to twelve (12) other children. The names of these twelve (12) children and reason that required an enquiry to be made is set out in our order dated 04.10.2017 and 31.10.2017.
3.2. It is in this background that we have also interacted with Mr.Raja Srinivas. The Officer says that the custody of all the five (5) children was handed over to Dr.Rexline, by un-wedded mothers. In so far as the remaining twelve (12) children are concerned, their custody was handed over to her, i.e., Dr.Rexline, on account of lack of financial wherewithal of their parents.
3.3. We have specifically asked the Officer as to whether in his assessment, the children were ill-treated, or, abused, while, they were housed in Assisi Illam facility. The Officer, categorically, reported that such incident had not happened as per his investigation in the matter.
3.4. Under these circumstances, we are inclined to direct that the custody of all the four children, who are present before us, will be handed over to respondent No.1- Assisi Illam, Tambaram, Chennai.
3.5. In so far as the fifth child, i.e., Master George Mark is concerned, who, we are told, is in the custody of S.O.S., his custody will also be handed over to respondent No.1 - Assisi Illam, Tambaram, Chennai.
3.6. Consequently, all the four children, i.e., Baby Mary Sylvia; Baby Spohia Christy, Master Jacob John and Baby Jasmine Kate, and Master George Mark, will be housed in the Assisi Illam, Magazine Road, St. Thomas Road, Chennai.
4. To be noted, in so far as the captioned appeal is concerned, it was directed against the interim order of the learned Single Judge dated 07.06.2017.
4.1. By this order, the following operative directions were issued:
"...... 16.For the reasons stated above, I am of the view that the custody of the 5 children should be given to the petitioner to accommodate them in Assisi Illam, No.4/92-62, Magazine Road, St. Thomas Mount, Chennai 16, Kancheepuram District, which is a registered children's home run by the petitioner Society. This order is being passed only as an interim measure and taking into consideration the welfare of the minor children.
17.In these circumstances, I direct the 5th respondent to hand over the custody of the five children viz., Mary Sylvia, Sophia Christy, George Mark, Jacob John, Jasmine to the petitioner before 05.00 pm on 08.06.2017."
4.2. Since, the custody of the children has, now, been directed by us to be handed over to the Assisi Illam, according to us, this appeal has been rendered infructuous, as the appellant had preferred the instant appeal resisting the directions issued by the Single Judge. Accordingly, no further orders are called for in the appeal.
5. Before we conclude, we may only note that in our order dated 31.10.2017, we had asked Mr.Selvakumar, Principal District Judge (PDJ), Kancheepuram District, to look into the matter and render a report. Since, the children are, emotionally, disturbed and have in no uncertain terms stated that they are neither comfortable nor happy in their present environment.
6. We have directed that their custody be handed over to Assisi Illam, after having received inputs not only from Mr.Raja Srinivas, but also, from Mr.Lalvena, Director of Social Defence, Government of Tamil Nadu, bearing in mind the best interest of children. Therefore, the report rendered by Mr.Selvakumar, PDJ, Kancheepuram District, can now be placed before the learned Single Judge and if, any further directions are to be issued based on the report, the learned Single Judge will issue necessary directions in that behalf.
7. The appeal is, accordingly, disposed of. Resultantly, pending applications shall stand closed.