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2019 DIGILAW 3266 (MAD)

Hallmark Capital Pvt. Ltd. v. District Collector, Kanchipuram District

2019-11-26

P.D.AUDIKESAVALU

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ORDER : P.D. Audikesavalu, J. 1. Heard Mr. Rahul Balaji, Learned Counsel for the Petitioner, Mr. M. Karthikeyan, Learned Additional Government Pleader appearing for the First Respondent, Ms. S.P. Arthi, Learned Counsel for the Second Respondent and Mr. D. Muthukumar for M/s. Paul & Paul, Learned Counsel for the Fourth and Fifth Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2. According to the Petitioner, certain apartments belong to Non-Resident Indians in Hallmark Golden County Apartment Complex at Survey Nos. 155/13, 155/14, 155/15 and 155/16 situated at Golden Country Phase-1, No. 79, Gudalur Village, Maraimalai Nagar, Chenglepet Taluk, Kancheepuram District and they have appointed the Petitioner as Property Management Agent to lease out the same, and in the exercise of that power, the Petitioner has entered into lease agreement with the Fourth and Fifth Respondents, who had in turn permitted various employees of companies of their clients to occupy and use those apartments. 3. The First Respondent by order Na. Ka. No. 45/A1/2019 dated 19.06.2019, on the complaint from the Second Respondent, held that the aforesaid arrangement carried out by the Petitioner amounts to violation of the provisions of the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014, as necessary licence in terms thereof had not been obtained. The Petitioner has challenged the said order in this Writ Petition. 4. In this context, it would be necessary to refer to the decision of the Division Bench of this Court in K. Kathiresan vs. The State of Tamil Nadu (order dated 31.01.2019 in W.P. (MD). No. 494 of 2019) (reported in this issue at 2020 1 L.W. 351), while dealing with a Writ Petition to enforce 'the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014', had passed the following order:- "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. 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." In view of the aforesaid binding decision of this Court, it would not be possible to permit any person to conduct a 'hostel' for women without requisite licence under the aforesaid enactment. 5. On receipt of notice in this Writ Petition, the Fourth and Fifth Respondents have appeared before this Court and filed affidavits stating that pursuant to the impugned order, they have instructed the inmates to vacate from the premises and the said process has commenced and would be completed latest by 15.12.2019, which is placed on record. It is made clear that if the inmates of the premises, which has been used as 'hostel', have not vacated by the said date, the concerned authorities shall promptly take necessary action in accordance with law to prevent the premises from being used as 'hostel' without the requisite licence. This shall not, however, preclude the rights of the Petitioner, if it is otherwise eligible and satisfies the requirements prescribed for the same, to apply for all the requisite licences and certificates under the relevant enactments and till the same are obtained in entirety, the premises cannot be used as 'hostel'. 6. The Writ Petition is dismissed with the aforesaid observations. Consequently, the connected Miscellaneous Petitions are closed. No costs.