CALMIDI NAMBERUMAL CHETTYS CHARITIES REPRESENTED BY ITS PRESIDENT AND OTHER TRUSTEES Vs. THE ACCOMMODATION CONTROLLER, MADRAS AND ANOTHER

JUDGEMENT

(1.) THE property bearing door No. 53 -A Usman Road, T' Nagar, belongs to the petitioner -trust. The ground floor of the building is occupied by three families all of whom, it is said, are vegetarians. The first floor consists of two portions. One portion is occupied by a vegetarian. The other portion having become vacant, the Accommodation Controller allotted it to the second respondent who is a Christian and a non -vegetarian. The present petition has been filed for the issue of a writ of certiorari to quash the order of allotment. The learned Counsel for the new allottee states that the key of this portion was handed over to him on the 20th January, that he deposited his "samans" in the building soon after, and that this morning he went into actual occupation. In view of this statement I do not consider that it will be proper to quash the order of allotment since to do so would be apart from everything else to impose considerable hardship on the allottee.

(2.) BUT certain observations are clearly called for. When allotting living space, the Accommodation Controller should normally respect and have some regard or consideration for the sentiments of people who live in the same building. To refuse to recognise their sentiments would be to perpetuate discord, if not worse. For example to lodge a Muslim family and a Christian family in juxta position in the same premises would often be standing provocation and perpetual incitement to feuds. The Christian may insist on having bacon and eggs, while the Muslim may be prepared to go any extreme rather than see pork being carried past his door and fried next to his own kitchen. In like manner, though it may not be to the same degree a vegetarian may have very strong objections to non -vegetarian food being cooked in the kitchen adjoining his. It would certainly be very offensive to the religious sentiments of pious people if for example, when a vegetarian is performing a religious function, non -vegetarian food is cooked a couple of feet away. Apart from all law and as a matter of good sense the Accommodation Controller should have regard for sentiments of this kind. In spite of all propaganda such sentiments are not destroyed in a day. Nor are they effaced by appeals to the Constitution. In making the present allotment the Accommodation Controller committed a sad error of judgment, but that is not an error which I can correct at law at this stage. It will be for the Accommodation Controller to correct his own mistake by granting the allottee other more suitable place as quickly as possible. With these observations the petition is dismissed.