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Rosa K.P vs State Of Kerala

High Court Of Kerala|20 October, 2014
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JUDGMENT / ORDER

Mohanan, J.
The learned counsel for the petitioner submitted that the detenue, namely Alinda Varghese, is now with the petitioner, who is the mother of the said detenue, on the strength of the order passed by this Court on 6.6.2014 and as such the above writ petition became infructuous. We notice that by order dated 6.6.2014, particularly in paragraph 4, this Court has observed and directed as follows :-
“In such circumstances, we allow the petitioner to have the detenue accommodated at the H.I.M.Convent, Vythiri, run by the Sisters of charity, for the present. We request the authorities of the Hostel to co-operate with the parents of the detenue. In this regard, we also direct that as requested by the petitioner, it will be open to her to arrange counselling for the detenue by Smt.Leena, a Counsellor attached to the Child Welfare Committee, Kalpetta. For this purpose, the parents will be entitled to take the detenue from the Hostel to the Counsellor, subject to the condition that the detenue W.P.(Crl.) No.184 of 2014 2 shall be returned to the Hostel on completion of counselling. This arrangement will continue until the counselling is over and thereafter the detenue will continue to reside with the parents.”
Thus, in terms of the above condition and particularly when the counselling is over, the petitioner got the custody of her daughter and as submitted by the learned counsel, the detenue is now with her parents. If that be so, it is crystal clear that there is no surviving grievance for the petitioner and therefore no further orders are necessary in this writ petition and as such, the writ petition became infructuous. Accordingly, this writ petition is dismissed as infructuous.
Sd/-
V.K.MOHANAN, Judge.
ami/ //True copy// P.A.to Judge Sd/-
K.HARILAL, Judge.
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Title

Rosa K.P vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
20 October, 2014
Judges
  • V K Mohanan
  • K Harilal
Advocates
  • S Rajeev Sri
  • K K Dheerendrakrishnan