K.KATHIRESAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) There is a statutory mandate for obtaining licence from the jurisdictional Collector for establishing, maintaining or conducting the hostel, lodging house and homes for women and children under the provisions of the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act , 2014. The delay in enforcing the provisions of the Act and the misuse of the hostels and more particularly, hostel accommodating the women and 3 children made the petitioner to file this Writ Petition in pro bono publico.

(2.) The petitioner, in his affidavit filed in support of the Writ Petition, contended that there are large number of hostels and homes for women and children presently functioning without licence across the State. There was no statute governing the conduct of such hostels earlier. The State, taking into account certain incidents that took place earlier relating to the women's hostel, came up with a legislation in the name and style of "The Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act , 2014". The Act was enacted with a view to ensure the orderly conduct of the hostels and homes for women and children. Though the Act was notified on 21 February, 2015, follow- up action was not taken by the appropriate authority for enforcing the provisions. The petitioner, therefore, filed this Writ Petition.

(3.) The Chennai Hostel Owners Welfare Association filed an application in W.M.P.(MD)No.1014 of 2019 for impleading as a respondent in the Writ Petition. The said application was allowed by this Court.