N JAGADEESAN Vs. DISTRICT COLLECTOR NORTH ARCOT

JUDGEMENT

(1.) Leave granted in the Special Leave Petition.

(2.) A common question arises in these writ petitions and civil appeals.

(3.) The National Association of Education Self-Employed Youth (NAESEY) is the petitioner in Writ Petition (C) No. 1000 of 1987. The appellants in Civil Appeal No. 1710 of 1987 and Civil Appeal No. Nil of 1997 [arising from Special Leave Petition (C) No. 20689 of 1993] and the writ petitioner in Writ Petition (C) No. 365 of 1987 are members of this Association. It is stated that this Association was formed under the inspiration and guidance of Dr. Malcolm S. Adiseshaiah, the then Vice-Chancellor of the Madras University, and with the help of Madras University Employment Guidance Bureau. The members of this Association have installed bunks/kiosks within the premises of hospitals and medical colleges and on the road margins in the cities of Madras, Vellore and Tiruppur in the State of Tamil Nadu. Complaining that they are sought to be evicted from their premises otherwise than in accordance with law, one of the members of the Association, N. Jagadeesan, approached the Madras High Court by way of a writ petition. It was dismissed. The writ appeal preferred by him was also dismissed against which Civil Appeal No. 1710 of 1987 is preferred. A writ petition filed by the Association [Writ Petition (C) No. 12916 of 1987 was also dismissed similarly against which Special Leave Petition (C) No. 20689 of 1993 is preferred. The Association has filed two writ petitions under Article 32 of the Constitution viz. , Writ Petition (C) Nos. 1000 of 1987 and 365 of 1987. One of its members, Tmt. Tamilselvi and others have filed Writ Petition (C) No. 677 of 1995 directly in this Court. Counters have been filed on behalf of the respondents, according to which the position boils down to this: