Deepak Kurapati Row v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2025
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Deepak Kurapati Row ..
Petitioner vs
1. The Collector District Collector Office Rajaji Salai, Fourth Floor, 62, Beach Road George Town, Chennai - 600 001.
2. Tahsildar cum Executive Magistrate Social Welfare Department under TN Hostel and Homes for Women and Children (Regulations) Act, 2014 District Collector Office Rajaji Salai, Fourth Floor, 62, Beach Road George Town, Chennai - 600 001.
3. Ravi Mahadevan ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India, seeking a writ of certiorarified mandamus, calling for the records relating to impugned order passed by the first respondent dated 22.06.2022, vide Na.Ka.No.1355/A4/2021, and to quash the same and forbear the respondents from taking any action against the petitioner under the guise of enquiry or compelling the petitioner to obtain license.
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For Petitioner : Mr.S.Sundaresan For Respondents : Mr.P.Ganesan Additional Government Pleader for R1 and R2
ORDER
This writ petition has been filed challenging the impugned proceedings of the first respondent dated 22.06.2022 and to forbear the respondents from taking action against the petitioner without affording an opportunity to the petitioner.
2. The case of the petitioner is that he is neither running a women's hostel or home, as is alleged in the impugned order, and he has let out the premises through separate leave and license agreement and he is collecting monthly rents. However, by virtue of a false complaint given by the third respondent, the respondents 1 and 2 have proceeded to initiate action against the petitioner and directed those persons, who are in occupation of the subject property to vacate the premises within a period of fifteen days. Page No.2 of 7
3. When this writ petition was admitted on 08.07.2022, this Court granted protection to the petitioner and directed status quo to be maintained and the respondents were directed to file counter.
4. Counter affidavit has been filed by the first respondent and the first respondent has taken a stand that the premises is in occupation of four working women and the premises is being used as hostel without getting necessary permission under the Tamil Nadu Hostel and Homes for Women and Children (Regulation) Act, 2014 [for brevity, hereinafter referred to as "the Act of 2014"]. In view of the same, the respondents have justified the action taken by the first respondent.
5. Heard Mr.S.Sundaresan, learned counsel for the petitioner and Mr.P.Ganesan, learned Additional Government Pleader for respondents 1 and 2.
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6. The short issue that arise for consideration in the present case is as to whether the premises in question, which is occupied by women who are working in some establishment, can be categorised as a hostel or a lodging house under the Act of 2014.
7. In order to arrive at such a conclusion, the petitioner must be put on notice and he must be heard before taking a decision. The specific case of the petitioner is that the premises is not used as a hostel or as a home and the petitioner has executed separate leave and license agreement and is collecting monthly rent and the occupants are enjoying the property only in their capacity as tenants. This fact has to be necessarily tested by the respondents. The impugned order has been passed by the first respondent without affording any opportunity to the petitioner only on the premise that the petitioner is running a working women's hostel without obtaining proper license under the Act of 2014.
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8. In light of the above decision, the impugned proceedings of the first respondent dated 22.06.2022 is hereby quashed and there shall be a direction to the first respondent to issue notice to the petitioner and afford an opportunity to the petitioner and deal with the stand taken by the petitioner and thereafter take a final decision.
9. In the result, this writ petition is allowed with the above directions. There shall be no order as to costs. Consequently, W.M.P.No.16606 of 2022 is closed.
01.07.2025 Speaking Order/Non-Speaking Order.
Internet : Yes/No.
Index: Yes/No.
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To
1. The Collector District Collector Office Rajaji Salai, Fourth Floor, 62, Beach Road George Town, Chennai - 600 001.
2. Tahsildar cum Executive Magistrate Social Welfare Department under TN Hostel and Homes for Women and Children (Regulations) Act, 2014 District Collector Office Rajaji Salai, Fourth Floor, 62, Beach Road George Town, Chennai - 600 001.
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N.ANAND VENKATESH, J.
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