Decided on April 24,2006

K.K. VELAYUTHAM Respondents

Cited Judgements :-



- (1.)This appeal is directed against a judgment and order dated 19.11.2003 passed by the High Court of Judicature at Madras in Crl.R.C.No.1465 of 2003, whereby and whereunder the revision petition filed by the Appellant herein against an order dated 25.8.2003 was dismissed. The wife of the respondent No.2 was running a kiosk in the hospital premises. The Government of Tamil Nadu had taken a policy decision to remove all kiosks, bunks and tea stalls, etc. from the hospital premises as they were causing inconvenience to the public and as food stuffs were also supplied from the said kiosks, bunks and tea stalls which were prepared in unhygienic conditions causing health hazards. A Government order was issued for removing all the said kiosks on 30.10.1987. The Public Works Department thereafter issued directions to the Executive Engineer to take steps for removal thereof on or about 9.5.1996. The Chief Engineer also directed the Executive Engineer to take steps in furtherance of the said G.O.M.No.2055 dated 30.10.1987. The wife of the respondent herein, who had been running a tea stall in the said premises, was requested through a letter by the Executive Engineer to remove the same as the Dean of Kilpauk Medical College had made such a request in that behalf. Admittedly, a direction was also issued to the Appellant herein by the Executive Engineer to remove the said tea stall. Pursuant to or in furtherance of the said direction, the Appellant herein requested the Assistant Commissioner of Police, Kilpauk to give police protection for the purpose of causing such removal.
(2.)A writ petition was filed by the wife of the respondent No.1 herein, which was disposed of by the High Court with certain directions. In the meanwhile, however, the said tea stall was removed whereupon a contempt petition was filed against the Appellant. The said contempt petition was dismissed. The matter thereupon came before this Court. This Court in N. Jagadeesan & Ors. vs. District Collector, North Arcot & Ors. [since reported in 1997 (4) SCC 508, opined:
"We are of the opinion that the appellants- petitioners can have no legitimate grievance against the action taken to remove their bunks/kiosks inasmuch as the removal is confined only to (1) hospitals and medical institutions and (2) road margins of main thoroughfares, viz., three specified thoroughfares in Madras City and one each in Vellore and Tiruppur. The reasons given by the State for removing them are reasonable and acceptable. It is also specifically averred by the State that they are not removing any bunk with a view to allow some other person to install a bunk in that place. The removal is only for the purpose of removal of health hazard or in the interests of smooth and unobstructed flow of traffic. Indeed, the Government has offered to consider the applications, if any, made by the evicted persons for locating them on other road margins or premises, as the case may be."

(3.)It was further observed :
"In our opinion, by seeking to remove the bunks and kiosks located within the hospital premises or within the premises of other medical institutions or their removal from the road margins of important and busy thoroughfares in the aforesaid three cities in Tamil Nadu, the respondents are not acting in any manner, inconsistent with the propositions enunciated in the said judgment. We are not able to say that the reasons assigned are neither relevant nor germane nor is it possible to say that reasons given are only a make- believe."

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