R R THULASIRAM Vs. SECRETARY GOVERNMENT OF TAMIL NADU HOUSING AND URBAN DEVELOPMENT T I DEPARTMENT MADRAS

JUDGEMENT

(1.) SINCE the subject matter in question and the respondents herein are one and same, both the writ petitions were taken up together and are disposed of by this common order with the consent of the concerned parties herein.

(2.) IN support of their writ petitions, the petitioners herein have filed separate affidavits wherein they have narrated all the facts and circumstances that forced them to file the present writ petitions seeking for writ of certiorari to call for the records in G.O. Ms. No. 954 Housing and Urban Development (T.I.) Department, dated 25.9.1989 of the Government of Tamil Nadu rep. by its Commissioner and Secretary, Housing and Urban Development (T.I.) Department, Madras-9 the 1st respondent herein and to quash the same in so far as the petitioners herein are concerned.

(3.) PER contra, it is the contention of the respondent-2 that K.N. Krishnaswamy Bhagavadar Private Dharma Trust was formed in 1981, that he was appointed as the Managing Trustee of the Trust for life, that the trust deed provides that the income from the properties of the trust should be utilised for performing social welfare activities, that with the object of the Trust in mind, the Managing trustee has been rendering many other charitable services to the poor, needy and down trodden people, that in 1988, there were many representations from the public to start an Industrial Training Institute and a Maternity Home. In 1988, the Managing Trustee, on the advice of the interested persons in the Trust and of the local public, decided to start an Industrial Training Institute and a Maternity Home for the poor and needy, that since no other suitable buildings were available to run the office of the I.T.I. and the Maternity Home and Child Care Centre, the 2nd respondent decided to give his own buildings for the same purpose and that applications were sent to the Competent Authorities to get permission to start the I.T.I. It is also stated by the 2nd respondent that the Director of Employment and Training in his letter No. C2/141672/82 dated 5.2.89 granted provisional permission to start the institute (computer cum programming Assistant 2 units) on certain conditions and they commenced the functioning of the UTL temporarily in the only building belonging to the Trust. The 2nd respondent stated that the officials were fully satisfied that they required the buildings for the functioning of the office of the ITI and the Maternity Home for the poor and also that at the time of enquiry, it was categorically established that the 2nd respondent required all the buildings exempted in the G.O. for running the office of the ITI and the Maternity Home for the public interest. Hence according to the 2nd respondent the impugned G.O. is perfectly legal and within its powers.