ASHWIN KURAPATI ROW Vs. COLLECTOR

JUDGEMENT

(1.) Introduction: The only thing that is constant in this world is change. As far as women in our society are concerned, they have come a long way from the days of Child Marriages and Sati. The stereo typical role of a woman as a home maker has now changed and we see women stepping out of their homes to chase their dreams and ambitions. With this new found freedom women find themselves exposed to several perils to their life and liberty. The present legislation aims at securing the safety and liberty of women as also children.

(2.) With the above preface we embark upon the task of deliberating, discussing and deciding the vires of Sec. 2(d) and 2(e) of the Tamil Nadu Hostel and Homes for Women and Children (Regulations) Act, 2014 which is challenged in this writ petition. The limited facts necessary for deciding the issues raised before us crisply stated are as follows.

(3.) The petitioner is the owner of the premises at Flat No. 4A, 4th floor Ramaniyam Aruthra Building, New No.15, Habibullah Road, T.Nagar, Chennai-600 015, having obtained the same under the registered settlement deed dtd. 20/12/2007 executed by his father in his favour. The petitioner owns a five room apartment, out of which, one having separate entrance is retained by his father for his residence and the remaining four rooms are let out on leave cum license basis to four working women for a licence fee of Rs.40,000.00 per month and an interest free refundable security deposit of Rs.40,000.00under Agreement dtd. 1/5/2022. The petitioner in this writ petition cites certain differences between himself and third respondent. According to the petitioner, the third respondent with a view to wreck vengeance against the petitioner filed a complaint against him for violation of the provisions of the Tamil Nadu Hostel and Homes for Women and Children (Regulations) Act, 2014. The petitioner further narrates certain instances which relate to the violation of the provisions of the Act by the subordinates of respondent Nos.1 and 2. We abstain from going into the details of the said violations and the factual allegations surrounding the same for the simple reason that the prayer in the writ petition is confined to the constitutional validity of Sec. 2(d) and 2(e) of the Tamil Nadu Hostel and Homes for Women and Children (Regulations) Act, 2014. The solitary ground on which the challenge is made to the constitutional validity of Sec. 2(d) and 2(e) of the Tamil Nadu Hostel and Homes for Women and Children (Regulations) Act, 2014 is that the definition is very wide and therefore every home can be brought under the purview of the Act. No other provision of the Act is challenged except the aforesaid two clauses in the definition sec. . SUBMISSIONS OF THE COUNSELS: