ORDER :

Order of the Court was made by B.PUGALENDHI, J.

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus, calling for the records in impugned order in ROC.No.27380/2016/CM Cell, dated 27.10.2016 passed by the 15th respondent herein and quash the same and consequently, direct the respondent Nos.1 to 18 to take necessary action against the offenders to curb the irregularities committed in providing free toilets in public gathering areas, temples, roads, highways, railway stations, bus stands, commercial complexes hospitals and entire state and central government premises on par with free toilet facilities provided in the airports of this Country.

“Has it ever pained us that our mothers and sisters have to defecate in open? The poor womenfolk of the village wait for the night; until darkness descends, they can’t go out to defecate. What bodily torture they must be feeling, how many diseases that act might engender. Can’t we just make arrangements for toilets for the dignity of our mothers and sisters?”

-Narendra Modi -

The Honourable Prime Minister of India, Mr.Narendra Modi in his first speech from the Red Fort on August 15, 2014 asked so. In fact, this anguish has blossomed as Swachh Bharat Mission (in Short 'SBM') or Clean India Mission was launched in the year 2014 and free toilets were provided to the needed persons. The Government announced 100% open defecation free India in October 2020.

2. However, if our mothers, sisters and others, if they come out of their houses to public places, such as markets, bazaars, religious places (or) for any other purposes, they must be affordable to pay a sum of Rs.5/- or Rs.10/- to relieve themselves. If they are not affordable to pay the said amount, then they have to deer relieving themselves, control and wait till they return home.

3. The writ petitioner claims to be a public spirited person, aggrieved over and affected by exorbitant charges collected in the public toilets, sent a representation to the Hon'ble Chief Minister's Special Cell with a request for cancellation of charges in public toilets along with various other demands. The said representation was forwarded to the Commissioner of Municipal Administration. The Joint Commissioner of Municipal Administration, the 15th respondent herein by his letter in ROC No.27380/2016/CM Cell, dated 27.10.2016 replied the petitioner that the cancellation of users charges for pay and use toilets is a policy decision of the Government and the charges are collected only to meet out the maintenance cost, only for maintaining the toilets and therefore, his request is not feasible for compliance. The said communication is challenged in this writ petition.

4. Mr.Sundaravadanam, learned Counsel appearing for the petitioner submits that the Local Bodies, Municipal Administration, Hindu Religious and Charitable Endowments Department, School Education Department, which are supposed to provide hygienic toilet facilities to the public in public areas of these local bodies, are leasing out the public toilets on public auction to the local leaders for lesser cost and these contractors are charging Rs.5/- to Rs.10/- for using urinals or toilets.

5. By comparing the Pilgrims Amenities Centres [PAC] established and maintained by the Tirumala Tirupathi Devasthanam in Tirupathi, he would submit that the pilgrims, who are visiting Tirupathi, shall, at free of cost, make use of the bathrooms and toilets, which are maintained in a neat and clean manner. Whereas, the Hindu Religious and Charitable Endowments Department in this State has not provided any such facilities for the devotees, who are visiting the temples in Tamil Nadu. He would submit that the Hindu Religious and Charitable Endowments Department is not providing such facilities, even in temples in Palani, Rameshwaram and Tiruchendur, where the temples are getting sufficient income. According to him the devotees are driven to approach the privat