Justice M Duraiswamy also ordered notice, returnable by four weeks, to the Kancheepuram District Collector, Chairman of CWC, and three others on a petition filed by Franciscan Sisters of St.Joseph.
The petitioner submitted that Assisi Illam in St.Thomas Mount, established in 2005, was one among various children's home run by the petitioner society. It had 17 children,of whom 12 were semi orphans and the others were destitutes
It requested CWC to permit it to transfer the children to their Illam at St.Thomas Mount. The District Child Protection officer also recommended the same.
However CWC issued a show cause notice asking why it had not informed the government about accepting the 5 children in 2005 and 2006 after enactment of the Juvenile Justice Act, to which the society explained the circumstances under which the children came under their care and protection.
Petitioner's counsel submitted that the CWC had forcibly removed the children from the Illam with assistance of police on June 1 and transferred them to some other private home.
The judge said when children in the 9-12 age group were brought up by the Illam from childhood, it would not be proper on CWC's part to take custody of the children all of a sudden.
It was also brought to the notice of the court that the children were studying in one of the best schools in the locality.
He then granted the petitioner the custody of the five children.
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