Research › Search › Judgment

Madras High Court · body

2019 DIGILAW 314 (MAD)

K. Kathiresan v. State of Tamil Nadu

2019-01-31

K.K.SASIDHARAN, P.D.AUDIKESAVALU

body2019
ORDER : K.K. SASIDHARAN, J. 1. There is a statutory mandate for obtaining licence from the jurisdictional Collector for establishing, maintaining or conducting the hostel, lodging house and homes for women and children under the provisions of the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014. The delay in enforcing the provisions of the Act and the misuse of the hostels and more particularly, hostel accommodating the women and children made the petitioner to file this Writ Petition in pro bono publico. 2. The petitioner, in his affidavit filed in support of the Writ Petition, contended that there are large number of hostels and homes for women and children presently functioning without licence across the State. There was no statute governing the conduct of such hostels earlier. The State, taking into account certain incidents that took place earlier relating to the women's hostel, came up with a legislation in the name and style of "The Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014". The Act was enacted with a view to ensure the orderly conduct of the hostels and homes for women and children. Though the Act was notified on 21 February, 2015, follow-up action was not taken by the appropriate authority for enforcing the provisions. The petitioner, therefore, filed this Writ Petition. 3. The Chennai Hostel Owners Welfare Association filed an application in W.M.P.(MD)No.1014 of 2019 for impleading as a respondent in the Writ Petition. The said application was allowed by this Court. 4. The Chennai Hostel Owners Welfare Association in their affidavit filed in support of the Miscellaneous Petition, contended that the individual hostel owners have already made application to the Collector and the other authorities. Since the appropriate authorities have not considered the applications for various ancillary licences, which are mandatory for obtaining the licence from the Collector, the hostels could not take the licences so far. 5. Since a contention was taken by the learned counsel for Chennai Hostel Owners Welfare Association that the Fire and Rescue Services Department is seized of the matter and the delay in processing the application is one of the main reasons for the delay in obtaining the licence from the District Collector, we have directed the Director of Fire and Rescue Services, Chennai to appear before this Court in person. 6. 6. The Joint Director, Fire and Rescue Services, Chennai, appeared before us in person. The Director has given the details of the applications submitted by various applicants, the applications processed so far and the No objection Certificates issued after complying with the statutory formalities. We are informed that similar applications are pending before the District Fire and Rescue Services. 7. We direct the Fire and Rescue Services to process all the pending applications and dispose of the same on merits and as expeditiously as possible and in any case, on or before 28 February, 2019. 8. The District Collectors of the concerned Districts are directed to process all the applications and dispose of the same on merits and as per law, as expeditiously as possible and in any case on or before 28 February, 2019. 9. We make it clear that no hostel, lodging house or homes for women and children shall function across the State from 01 March, 2019 without the licence issued by the statutory authority under the provisions of the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014. 10. The District collectors must ensure that the provisions of the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014 are complied with by the hostel owners in its letter and spirit.