IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 1009 of 2008 Between: P. Kishore Kumar, C/o. Vaasthu Apartments, Flat No. 201 & 301, Vengalrao Nagar, Hyderabad - 500 038. (Through Secretary, A.P. High Court Legal Services Committee, Hyderabad). ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Housing Department, Secretariat, Hyderabad. 2 The A.P. State Housing Corporation Limited, Hyderabad, Rep. by its Managing Director. 3 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Social Welfare Department, Secretariat, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an Order, direction, or a Writ more particularly one in the nature of Writ of Mandamus calling for the records and remarks from the respondents herein and connected to (i) implementation of rights guaranteed by the Constitution of India, namely, equality, Freedom, Shelter right to live, food etc., and (ii) providing food and shelter to the Orphans, Mentally ill persons and street people, who are left ot the vagaries of nature; And This Hon'ble Court may be pleased to pass appropriate orders directing the respondents to provide house/shelter to the Orphans, mentally ill persons and street people and to pass appropriate orders. Counsel for the Petitioner: LETTER Counsel for Respondent No.1: GP FOR HOUSING Counsel for Respondent No.2: MR UDAYA BHASKARA RAO Counsel for Respondent No.3: GP FOR SOCIAL WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.1009 of 2008 ORAL ORDER: (per THE HON’BLE SRI JUSTICE D.S.R.VARMA) Heard the learned Government Pleader for Social Welfare appearing for the respondents. 2. This writ petition is taken up on the basis of a petition, dated NIL, made by one P.Kishore Kumar, resident of Hyderabad, addressed to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, wherein and whereby general grievances have been expressed, particularly to the effect that even after attainment of independence about 60 years ago, number of orphans and mentally retarded have no sufficient food and shelter and that they are living on footpaths and taking shelter in bus shelters even during winter without any blankets and requested this Court to give directions to the Government to provide food and shelter to the orphans in the State. 3. This Court puts on record that, no doubt, there are so many people without shelter and proper food. It is also needless to say that the Constitution of India provides certain rights in the shape of fundamental rights, which include providing of food, shelter and a decent living to the citizens of India. Of course, in addition to the fundaments rights, Chapter-IV of the Constitution of India envisages certain Directive Principles, which have been recognized as having all the features of the fundamental rights, provided in part III of the Constitution of India. 4. But, it is to be seen that the Constitutional Courts, while marching ahead to achieve the goals of the Constitution of India, also have to look at certain situations with a different perspective. The Courts shall remember that any orders passed by it, are though inconsonance with the provisions of the Constitution of India, can be executed by way of blanket directions. 5. As could be seen from the petition, the grievance of the petitioner is that there are several orphans and homeless persons in the State suffering from lack of certain fundamental facilities to lead a decent and dignified living. This Court reiterates that this is a social malady. A general direction or a writ would not solve the problem nor would enable the State to execute any orders passed by this Court to resolve the problem ventilated in the petition. But, this Court, being a Constitutional Court, cannot remain as a mere spectator when these types of maladies or social deficiencies are starring at its face. 6. Therefore, keeping in view the generality of the situation and the nature of dispute, which is far beyond the reach of the administration, we feel it appropriate to close the writ petition with the directions, as under: - The State shall formulate a scheme in order to meet the constitutional goals with special reference to the grievances expressed by the petitioner in the petition and take all such steps to implement it, as effectively as possible. 7. With the above directions, the writ petition is closed, at the stage of admission. However, there shall be no order as to costs. _______________ D.S.R.VARMA, J ______________ K.C.BHANU, J 09.06.2008 dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Secretary, Government of Andhra Pradesh, Housing Department, Secretariat, Hyderabad. 2 The Managing Director, A.P. State Housing Corporation Limited, Hyderabad. 3 The Principal Secretary, Government of Andhra Pradesh, Social Welfare Department, Secretariat, Hyderabad. 4 2 CCs to the Chief Secretary, Government of Andhra Pradesh, Hyderabad. 5 2 CCs to Government Pleader for Social Welfare, High Court of A.P., Hyderabad. (OUT) 6 2 CD copies