High Court · 2025
Case Details
W.P.No.10261, 10265, 10284 and 10289 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 20.03.2025CORAM : THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHYW.P.No.10261, 10265, 10284 and 10289 of 2025and W.M.P.Nos.11551, 11553, 11557, 11559, 11583, 11587, 11593 and 11595 of 2025S.Ganesh.. Petitioner in W.P.No.10261 of 2025K.Govindaraj.. Petitioner in W.P.No.10265 of 2025S.Raja.. Petitioner in W.P.No.10284 of 2025D.Sudha.. Petitioner in W.P.No.10289 of 2025Versus1. Dr.R.Veerakumaran, Director of Central Leprosy Teaching and Research Institute, Allen Road, Tiurmani, Chengalpattu - 603 001.2. Directorate General of Health Services, DGHS Nirman Bhavan, New Delhi.1/10 https://www.mhc.tn.gov.in/judis W.P.No.10261, 10265, 10284 and 10289 of 20253. The State of Tamil Nadu, Rep. by Principal Secretary, Health and Family Welfare Department, Secretariat Fort St. George, Chennai - 600 009.4. Commissioner for Welfare of Persons with Disability, Lady Wellington College, Chennai - 600 009... Respondents (in all W.Ps)Prayer in W.P.No.10261 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus to quash the impugned eviction notice bearing No.F.No.F3(8)/C/85/2025 on 19.02.2025, quash the same and to direct the 1st respondent's Institute to let the petitioner have peaceful possession of their rightful home situated at No.110/4, Alan Salai, Bharathapuram, Alapakkam, Kancheepuram, Vallam, Tamil Nadu - 603 002 as they are entitled as per the Rights of Persons with Disabilities Act, 2016.Prayer in W.P.No.10265 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for the records of the 1st respondent in F.No.F3(8)/C/85/2025 dated 19.02.2025 and quash the same as arbitrary, perverse, illegal and to direct 2/10 https://www.mhc.tn.gov.in/judis W.P.No.10261, 10265, 10284 and 10289 of 2025the 1st respondent to let the petitioner have peaceful possession of their rightful home situated at D.No.77/4, Bharthapuram Leprosy Colony, Alan Road, Bharathapuram, Chengalpattu, Kancheepuram, Tamil Nadu - 603 001.Prayer in W.P.No.10284 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus to quash the impugned eviction notice bearing no.F.No.F3(8)/C)/85/2025 on 19.02.2025 and to direct the 1st respondent's Institute to let the petitioner have peaceful possession of their rightful home situated at D.No.52/4, Vinayagar Kovil Street, Bharathapuram Leprosy Colony, Allen Road, Bharathapuram, Chengalpattu - 603 001 as they are entitled as per the Rights of Persons with Disabilities Act, 2016.Prayer in W.P.No.10289 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus to quash the impugned eviction notice bearing no.F.No.F3(8)/C/85/2025 on 19.02.2025 and to direct the 1st respondent's Institute to let the petitioner have peaceful possession of their rightful home situated at D.No.66 A/4, Alan Road, Bharathapuram Leprosy Colony, Bharathapuram, Chengalpattu - 603 001 as they are entitled as per the Rights of Persons with Disabilities Act, 2016.3/10 https://www.mhc.tn.gov.in/judis W.P.No.10261, 10265, 10284 and 10289 of 2025For Petitioner: Mr.R.PrabhakaranFor Respondents: Mr.C.Kulanthaivel, Senior Panel Central Government Standing Counsel, for RR-1 and 2: Mr.V.Manoharan, Additional Government Pleader, for RR-3 and 4COMMON ORDERThese Writ Petitions are filed challenging the same impugned order, dated 19.02.2025.2. Upon hearing Mr.R.Prabhakaran, learned Counsel for the petitioners and perusing the affidavit filed in support of the Writ Petition and the records of the case, it can be seen that the grievance of the petitioners is that they are employees of the Central Leprosy Teaching and Research Institute. While so, they are residing in the superstructures that are put up in the premises of the said Institute. They are born to parents who are originally afflicted with leprosy and came there for treatment and thereafter, 4/10 https://www.mhc.tn.gov.in/judis W.P.No.10261, 10265, 10284 and 10289 of 2025started residing there.3. In view of the social ostracisation prevailing in the relevant time, they were all permitted to reside within the campus and accordingly, they are continuing to reside there. While so, suddenly, the impugned order is now passed. Without even following any due process of law, their residences may be sealed. The impugned order also states that disciplinary action will be taken if they do not surrender on or before the year 2025. Therefore, they are before this Court.4. When the matters are taken up for admission, Mr.C.Kulanthaivel, learned Senior Panel Central Government Standing Counsel, taking notice for the Central Leprosy Teaching and Research Institute, even though the said Institute is not properly arrayed as a respondent and only the Director is individually arrayed as a respondent, would submit that this is only a prior notice before taking action under the Public Premises (Eviction of 5/10 https://www.mhc.tn.gov.in/judis W.P.No.10261, 10265, 10284 and 10289 of 2025Unauthorised Occupants) Act, 1971. The petitioners will be evicted only by following the due process of law. Therefore, it is clear that the matter will be taken up by the Estate Officer and an opportunity will be given to the petitioners and the petitioners can submit all their objections before the Estate Officer and the Estate Officer will consider the same on its own merits. Therefore, the apprehension expressed that suddenly, they will be dispossessed is allayed by the submission made.5. The further direction that is given in the impugned order is with reference to disciplinary action. Even for that, the learned Counsel submitted that due charge memorandum will be issued. Therefore, the petitioners will have an opportunity to submit their explanations and contend that no misconduct is made out. 6. Therefore, recording the above mentioned submission made by the learned Senior Panel Central Government Standing Counsel for the 6/10 https://www.mhc.tn.gov.in/judis W.P.No.10261, 10265, 10284 and 10289 of 2025respondent Nos.1 and 2 and giving liberty to the petitioners to raise all the contentions before the appropriate authorities, these Writ Petitions stand disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.20.03.2025Neutral Citation: nogrsTo1. Dr.R.Veerakumaran, Director of Central Leprosy Teaching and Research Institute, Allen Road, Tiurmani, Chengalpattu - 603 001.2. The Directorate General of Health Services, DGHS Nirman Bhavan, New Delhi.3. The Principal Secretary, Health and Family Welfare Department, Secretariat Fort St. George, Chennai - 600 009.7/10 https://www.mhc.tn.gov.in/judis W.P.No.10261, 10265, 10284 and 10289 of 20254. The Commissioner for Welfare of Persons with Disability, Lady Wellington College, Chennai - 600 009.8/10 https://www.mhc.tn.gov.in/judis W.P.No.10261, 10265, 10284 and 10289 of 2025D.BHARATHA CHAKRAVARTHY, J.grs W.P.No.10261, 10265, 10284 and 10289 of 202520.03.20259/10 https://www.mhc.tn.gov.in/judis W.P.No.10261, 10265, 10284 and 10289 of 2025 10/10
W.P.No.10261, 10265, 10284 and 10289 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 20.03.2025CORAM : THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHYW.P.No.10261, 10265, 10284 and 10289 of 2025and W.M.P.Nos.11551, 11553, 11557, 11559, 11583, 11587, 11593 and 11595 of 2025S.Ganesh.. Petitioner in W.P.No.10261 of 2025K.Govindaraj.. Petitioner in W.P.No.10265 of 2025S.Raja.. Petitioner in W.P.No.10284 of 2025D.Sudha.. Petitioner in W.P.No.10289 of 2025Versus1. Dr.R.Veerakumaran, Director of Central Leprosy Teaching and Research Institute, Allen Road, Tiurmani, Chengalpattu - 603 001.2. Directorate General of Health Services, DGHS Nirman Bhavan, New Delhi.1/10 https://www.mhc.tn.gov.in/judis W.P.No.10261, 10265, 10284 and 10289 of 20253. The State of Tamil Nadu, Rep. by Principal Secretary, Health and Family Welfare Department, Secretariat Fort St. George, Chennai - 600 009.4. Commissioner for Welfare of Persons with Disability, Lady Wellington College, Chennai - 600 009... Respondents (in all W.Ps)Prayer in W.P.No.10261 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus to quash the impugned eviction notice bearing No.F.No.F3(8)/C/85/2025 on 19.02.2025, quash the same and to direct the 1st respondent's Institute to let the petitioner have peaceful possession of their rightful home situated at No.110/4, Alan Salai, Bharathapuram, Alapakkam, Kancheepuram, Vallam, Tamil Nadu - 603 002 as they are entitled as per the Rights of Persons with Disabilities Act, 2016.Prayer in W.P.No.10265 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for the records of the 1st respondent in F.No.F3(8)/C/85/2025 dated 19.02.2025 and quash the same as arbitrary, perverse, illegal and to direct 2/10 https://www.mhc.tn.gov.in/judis W.P.No.10261, 10265, 10284 and 10289 of 2025the 1st respondent to let the petitioner have peaceful possession of their rightful home situated at D.No.77/4, Bharthapuram Leprosy Colony, Alan Road, Bharathapuram, Chengalpattu, Kancheepuram, Tamil Nadu - 603 001.Prayer in W.P.No.10284 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus to quash the impugned eviction notice bearing no.F.No.F3(8)/C)/85/2025 on 19.02.2025 and to direct the 1st respondent's Institute to let the petitioner have peaceful possession of their rightful home situated at D.No.52/4, Vinayagar Kovil Street, Bharathapuram Leprosy Colony, Allen Road, Bharathapuram, Chengalpattu - 603 001 as they are entitled as per the Rights of Persons with Disabilities Act, 2016.Prayer in W.P.No.10289 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus to quash the impugned eviction notice bearing no.F.No.F3(8)/C/85/2025 on 19.02.2025 and to direct the 1st respondent's Institute to let the petitioner have peaceful possession of their rightful home situated at D.No.66 A/4, Alan Road, Bharathapuram Leprosy Colony, Bharathapuram, Chengalpattu - 603 001 as they are entitled as per the Rights of Persons with Disabilities Act, 2016.3/10 https://www.mhc.tn.gov.in/judis W.P.No.10261, 10265, 10284 and 10289 of 2025For Petitioner: Mr.R.PrabhakaranFor Respondents: Mr.C.Kulanthaivel, Senior Panel Central Government Standing Counsel, for RR-1 and 2: Mr.V.Manoharan, Additional Government Pleader, for RR-3 and 4COMMON ORDERThese Writ Petitions are filed challenging the same impugned order, dated 19.02.2025.2. Upon hearing Mr.R.Prabhakaran, learned Counsel for the petitioners and perusing the affidavit filed in support of the Writ Petition and the records of the case, it can be seen that the grievance of the petitioners is that they are employees of the Central Leprosy Teaching and Research Institute. While so, they are residing in the superstructures that are put up in the premises of the said Institute. They are born to parents who are originally afflicted with leprosy and came there for treatment and thereafter, 4/10 https://www.mhc.tn.gov.in/judis W.P.No.10261, 10265, 10284 and 10289 of 2025started residing there.3. In view of the social ostracisation prevailing in the relevant time, they were all permitted to reside within the campus and accordingly, they are continuing to reside there. While so, suddenly, the impugned order is now passed. Without even following any due process of law, their residences may be sealed. The impugned order also states that disciplinary action will be taken if they do not surrender on or before the year 2025. Therefore, they are before this Court.4. When the matters are taken up for admission, Mr.C.Kulanthaivel, learned Senior Panel Central Government Standing Counsel, taking notice for the Central Leprosy Teaching and Research Institute, even though the said Institute is not properly arrayed as a respondent and only the Director is individually arrayed as a respondent, would submit that this is only a prior notice before taking action under the Public Premises (Eviction of 5/10 https://www.mhc.tn.gov.in/judis W.P.No.10261, 10265, 10284 and 10289 of 2025Unauthorised Occupants) Act, 1971. The petitioners will be evicted only by following the due process of law. Therefore, it is clear that the matter will be taken up by the Estate Officer and an opportunity will be given to the petitioners and the petitioners can submit all their objections before the Estate Officer and the Estate Officer will consider the same on its own merits. Therefore, the apprehension expressed that suddenly, they will be dispossessed is allayed by the submission made.5. The further direction that is given in the impugned order is with reference to disciplinary action. Even for that, the learned Counsel submitted that due charge memorandum will be issued. Therefore, the petitioners will have an opportunity to submit their explanations and contend that no misconduct is made out. 6. Therefore, recording the above mentioned submission made by the learned Senior Panel Central Government Standing Counsel for the 6/10 https://www.mhc.tn.gov.in/judis W.P.No.10261, 10265, 10284 and 10289 of 2025respondent Nos.1 and 2 and giving liberty to the petitioners to raise all the contentions before the appropriate authorities, these Writ Petitions stand disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.20.03.2025Neutral Citation: nogrsTo1. Dr.R.Veerakumaran, Director of Central Leprosy Teaching and Research Institute, Allen Road, Tiurmani, Chengalpattu - 603 001.2. The Directorate General of Health Services, DGHS Nirman Bhavan, New Delhi.3. The Principal Secretary, Health and Family Welfare Department, Secretariat Fort St. George, Chennai - 600 009.7/10 https://www.mhc.tn.gov.in/judis W.P.No.10261, 10265, 10284 and 10289 of 20254. The Commissioner for Welfare of Persons with Disability, Lady Wellington College, Chennai - 600 009.8/10 https://www.mhc.tn.gov.in/judis W.P.No.10261, 10265, 10284 and 10289 of 2025D.BHARATHA CHAKRAVARTHY, J.grs W.P.No.10261, 10265, 10284 and 10289 of 202520.03.20259/10 https://www.mhc.tn.gov.in/judis W.P.No.10261, 10265, 10284 and 10289 of 2025 10/10