The petitioner claims to be the Chairman of ‘Beeran Auliya Memorial Charitable Trust’. The petitioner’s building has been closed down by the authorities for want of permission under Section 34(2) of the Juvenile Justice Act, 2000. The petitioner submits that it was closed down by the second respondent under a lock and key. The petitioner’s present grievance is that he has submitted an application for recognition before the Child Welfare Committee, Palakkad and for the purpose of conducting enquiry, the petitioner requested to open the building to convince the facilities in the above building by the Child Welfare Committee. The petitioner seeks a direction to the second respondent to facilitate and conduct of enquiry on the petitioner’s application under Rule 69 of the W.P.(C) No.27782 of 2014 2 Juvenile Justice Rules, 2007. The building, if it belongs to the petitioner, no one can keep the custody of that building, the purpose for locking the building is on account of an illegal activity operated by the petitioner. That means in order to abate illegal activity, the building was closed down. However, the petitioner is entitled to use the building for any lawful purposes. Therefore, the respondents shall immediately return the key and building to the petitioner, if the petitioner is the person who is entitled to receive back the key. It is not a duty of the second respondent to facilitate any conduct of enquiry being made by the Juvenile Justice Act. It is the duty of the petitioner to satisfy such authority about facilities available in the building.
Therefore, the respondents shall return the key to the petitioner on being satisfied that the petitioner is the person who is entitled for the building. However, it is made clear that W.P.(C) No.27782 of 2014 3 the petitioner shall not use this building for any purposes, which requires a permission/licence under law. The petitioner shall give an undertaking before the respondents that he will not use this building for any purposes for which, permission is required under the Juvenile Justice Act.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln