N.M.Mathina v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.30671 and 30673 of 2019 And W.M.P.Nos.30748 and 30750 of 2019 N.M.Mathina ... Petitioner in both the W.Ps.

Vs.

1.The District Collector, O/o. The Coimbatore District Collector, Coimbatore.

2.The Tahsildar, O/o.The Tahsildar South, Coimbatore - 641 018.

3.Mr.S.V.Srinivasan ... Respondent 1 TO 3 in both the W.Ps.

4.Mrs.S.Veena ... 4th Respondent in W.P.30671/2019 4.Mrs.S.Vinitha ... 4th Respondent in W.P.30673/2019 Common Prayer:

Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents 1 and 2 to consider the Petitioner's representations dated 24.09.2019 and 19.10.2019 and pass orders according to law in Respect of the Petitioner running her Lovedale Ladies Hostel at Door Nos.15 and respectively, Subbaiah Layout, Kamarajarpuram, Peelamedu, Coimbatore - 641 004. For Petitioner : Mr.S.D.S.Philip For Respondents : Mr.P.Gurunathan for R1 and R2 Additional Government Pleader Mr.S.Rajmakesh for R3 and R4 C O M M O N O R D E R The petitioner has filed these writ petitions seeking issuance of Writ of Mandamus directing the respondents 1 and 2 to consider the Petitioner's representations dated 24.09.2019

and 19.10.2019 and pass orders according to law in respect of the petitioner running her Lovedale Ladies Hostel at Door Nos.15 and 14 respectively, Subbaiah Layout, Kamarajarpuram, Peelamedu, Coimbatore - 641 004.

2.The learned counsel appearing for the petitioner reported 'no instructions'.

3.The affidavit filed in support of these petitions reveals that the petitioner started running a ladies hostel under the name and style of 'Lovedale Ladies Hostel'. During September, 2019, the third respondent gave a police complaint to Singanallur Police Station to forcibly evict the petitioner from the premises, however, after enquiry, the law enforcing agency advised both the parties to approach the competent civil Court. Thereafter, the petitioner made representations dated 24.09.2019 and 19.10.2019 to the second respondent seeking permission to run the hostel and since the same has not yet been considered has filed these writ petitions.

4.The first respondent has filed status report stating that the petitioner has not applied for the requisite licenses by submitting the mandatory documents issued under the Tamil Nadu Public Building (License) Act, 1965 and Tamil Nadu Hostels and Homes for Woman and Children (Regulation) Act, 2014. 5.In view of the above, the prayer sought for by the petitioner cannot be considered.

6.At this juncture, the learned counsel appearing for respondents 3 and 4 submitted that during the pendancy of these petitions, the petitioner has vacated the premises and handed over the same to respondents 3 and 4. Hence, these writ petitions are dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar pri To

1. The District Collector, O/o. The Coimbatore District Collector, Coimbatore.

2. The Tahsildar, O/o.The Tahsildar South, Coimbatore - 641 018.

+2cc to Mr.S.Rajmakesh, Advocate, S.R.No.67238,67237 +1cc to the Government Pleader, S.R.No.67467,67466 W.P.Nos.30671 and 30673 of 2019 And W.M.P.Nos.30748 and 30750 of 2019 SRA(CO) CT 24/01/2022