G. SHANTHI, Vs. THE STATE OF TAMIL NADU REP. BY ITS SECRETARY TO GOVT., HOME DEPARTMENT, CHENNAI, THE DISTRICT COLLECTOR, KANCHEEPURAM, THE TAHSILDAR, TAMBARAM CHENNAI AND THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, KANCHEEPURAM

JUDGEMENT

(1.) Writ petitions praying to issue writs of certiorarified mandamus calling for the records of the respondents 1 to 3 the show cause notice dated 17/5/2002 issued under Sec. 7 of Act 3 of 1905 of Tamil Nadu Act and quash the same and consequentially direct the second respondent to consider the representation dated 31/5/2002 to make the petitioner's residence in permanent nature.

(2.) Today, when the above matters were taken up for consideration, the learned counsel for the petitioners would rely on a judgment of the Honourable Mr. Justice E.PADMANABHAN, passed in R.BHARATHI Vs (1)THE STATE OF TAMIL NADU rep BY ITS SECRETARY TO GOVERNMENT, HOME DEPARTMENT, FORT St.GEORGE, CHENNAI 9, (2)THE DISTRICT COLLECTOR, KANCHEEPURAM DISTRICT, KANCHEEPURAM, (3) THE TAHSILDAR, TAMBARAM, CHENNAI and (4) THE INSPECTOR OF POLICE, PALLIKARANAI POLICE STATION, PALLIKARANAI 601 302 (W.P.No.8871 OF 2002 AND W.P.M.P.No.12044 OF 2002), wherein while dealing with the similar set of facts, the learned Judge discussing the plight of the petitioners who are left in the streets without a hut to dwell or cover their body, has observed that 'in terms of Article 21 of the Constitution, it is the bounden duty of the State authorities to provide some accommodation, a place to live as far as possible and as the resources of the State Government permits'. With such observations, the learned single Judge has directed the District Collector, Kancheepuram who is the second respondent therein to consider the representation of the petitioner for assignment of some other suitable land which he finds it fit and proper and available and convenient for such allotment to the said petitioner in the said writ petition.

(3.) The learned counsel would further submit that pursuant to the directions issued by the learned single Judge to the petitioner in the above said writ petition to approach the District Collector, these petitioners who are also similarly placed have made a representation to the District Collector dated 30/5/2002. But in the mean time, the show cause notices under Sec. 7 of Act 3 of 1905 of Tamil Nadu Act had come to be issued to the petitioners for eviction objecting to which the petitioners have made the representations to the District Collector dated 31/5/2002 and the same are kept pending.