N. JAGADEESAN ETC. versus DISTRICT COLLECTOR, NORTH ARCOT AND OTHERS

N. JAGADEESAN ETC. versus DISTRICT COLLECTOR, NORTH ARCOT AND OTHERS

Removal of bunks/kiosks within hospital premises and main busy thoroughfares is justified on grounds of health and traffic hazards; reasons are reasonable and acceptable, and not arbitrary or unrelated to public purposes.

Parties
Appellant/petitioner: N. Jagadeesan; Petitioner: National Association of Educated Self Employed Youth (NAESEY); Petitioner: Tmt. Tamilselvi and others; Respondent: District Collector, North Arcot and Others; Respondent: State of Tamil Nadu; Advocate for Petitioner in W.p. No. 677/95: Rakesh K. Sharma; Advocate for Contemnor in W.p. No. 1000/87: V. Balachandran
Jurisdiction
India
Judgment Date
21 February 1997
Procedural Posture
Civil Appeals and Writ Petitions / Final Decision; Appeals and Writ Petitions Dismissed
Outcome
petitions and appeals dismissed
Legal Topics
Right to Livelihood, Removal of Bunks/kiosks, Health and Traffic Hazards, Article 21
Constitutional Law Right to Livelihood Removal of Bunks/kiosks Health and Traffic Hazards Article 21

Case Brief

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Parties

N. Jagadeesan

Appellant/petitioner

National Association of Educated Self Employed Youth (NAESEY)

Petitioner

Tmt. Tamilselvi and others

Petitioner

District Collector, North Arcot and Others

Respondent

State of Tamil Nadu

Respondent

Rakesh K. Sharma

Advocate for Petitioner in W.p. No. 677/95

V. Balachandran

Advocate for Contemnor in W.p. No. 1000/87

Procedural Posture

Civil Appeals and Writ Petitions / Final Decision; Appeals and Writ Petitions Dismissed

Legal Issues

  1. 1 Whether removal of bunks/kiosks from hospital premises and busy road margins violates right to livelihood under Article 21 of the Constitution
  2. 2 Whether the reasons for removal are reasonable, relevant, and germane

Ratio Decidendi

Removal of bunks/kiosks within hospital premises and main busy thoroughfares is justified on grounds of health and traffic hazards; reasons are reasonable and acceptable, and not arbitrary or unrelated to public purposes.

Court Disposition

petitions and appeals dismissed

Orders

  • Evicted persons may apply to appropriate authorities for re-location; authorities to consider and decide without avoidable delay.
  • No costs.