Madras High Court
G. Shanthi, A. Ramalingam, G. ... vs The State Of Tamil Nadu Rep. By Its ... on 20 June, 2002
Author: V. Kanagaraj
Bench: V. Kanagaraj
ORDER
1. Writ petitions praying to issue writs of certiorarified mandamus calling for the records of the respondents 1 to 3 the show cause notice dated 17/5/2002 issued under Section 7 of Act 3 of 1905 of Tamil Nadu Act and quash the same and consequentially direct the second respondent to consider the representation dated 31/5/2002 to make the petitioner's residence in permanent nature.
2. Today, when the above matters were taken up for consideration, the learned counsel for the petitioners would rely on a judgment of the Honourable Mr.Justice E.PADMANABHAN, passed in R.BHARATHI Vs (1)THE STATE OF TAMIL NADU rep BY ITS SECRETARY TO GOVERNMENT, HOME DEPARTMENT, FORT St.GEORGE, CHENNAI 9, (2)THE DISTRICT COLLECTOR, KANCHEEPURAM DISTRICT, KANCHEEPURAM, (3) THE TAHSILDAR, TAMBARAM, CHENNAI and (4) THE INSPECTOR OF POLICE, PALLIKARANAI POLICE STATION, PALLIKARANAI 601 302 (W.P.No.8871 OF 2002 AND W.P.M.P.No.12044 OF 2002), wherein while dealing with the similar set of facts, the learned Judge discussing the plight of the petitioners who are left in the streets without a hut to dwell or cover their body, has observed that `in terms of Article 21 of the Constitution, it is the bounden duty of the State authorities to provide some accommodation, a place to live as far as possible and as the resources of the State Government permits'. With such observations, the learned single Judge has directed the District Collector, Kancheepuram who is the second respondent therein to consider the representation of the petitioner for assignment of some other suitable land which he finds it fit and proper and available and convenient for such allotment to the said petitioner in the said writ petition.
3. The learned counsel would further submit that pursuant to the directions issued by the learned single Judge to the petitioner in the above said writ petition to approach the District Collector, these petitioners who are also similarly placed have made a representation to the District Collector dated 30/5/2002. But in the mean time, the show cause notices under Section 7 of Act 3 of 1905 of Tamil Nadu Act had come to be issued to the petitioners for eviction objecting to which the petitioners have made the representations to the District Collector dated 31/5/2002 and the same are kept pending.
4. In the above circumstances, now the petitioners have come forward to file these writ petitions seeking one and the same relief calling for the records of the respondents 1 to 3 the show cause notice dated 17/5/2002 issued under Section 7 of Act 3 of 1905 of Tamil Nadu Act and consequentially direct the second respondent to consider the representation dated 31/5/2002.
5. The petitioners would claim that they are left with nothing under the sun for shelter except the lands in question and they having put up their residences are living therein for more than a decade, and now, since they were issued with the eviction notices, they seek protection against eviction under any pretext much less under the eviction notice impugned herein.
6. In the above circumstances, this Court is of the view that a direction issued to the second respondent District Collector to dispose of the representations made on the part of the petitioners dated 31/5/2002 in the manner required by law and with an opportunity for the petitioners to be heard and decided, will serve the ends of justice at the moment.
7. Therefore, the second respondent is hereby directed to dispose of the representations of the petitioners dated 31.5.2002 and pass orders on merits and in accordance with law with an opportunity for the petitioners to be heard within thirty days from the date of receipt of a copy of this order.
8. While disposing of the said representations, the second respondent District Collector shall assess and consider whether the cases of the petitioners are genuine and if it is so, whether the petitioners could be permitted to continue to occupy the places under their control and if it is not feasible, as it had been suggested by my learned Brother Judge as per his order dated 20/3/2002 made in writ petition No.8871 of 2002, they could be at least provided with suitable alternate sites, thus, facilitating the petitioners to occupy those places for their shelter.
Till such time that the second respondent dispose of the representations of the petitioners, let there not be any eviction of the petitioners pursuant to the show cause notices issued under Section 7 of Tamil Nadu Act 3 of 1905.
With the above observations, all the above writ petitions are disposed of.
However, in the circumstances of the cases, there shall be no order as to costs.
Consequently, the connected W.P.M.P.Nos are closed.