Muthammal v. The District Collector

2025:MHC:1136 W.P.No.16652,of,2025,etc,batch IN,THE,HIGH,COURT,OF,JUDICATURE,AT,MADRAS DATED,:,30.04.2025 CORAM THE,HONOURABLE,MR.JUSTICE(M.SUNDAR( and THE,HONOURABLE,MRS.JUSTICE(K.GOVINDARAJAN(THILAKAVADI W.P.Nos.16652,(16658,(16660,(16668,(16669,(16675,(16679,( 16684,(16685,(16770,(16779,(16783,(16790,(16792,((16794,( 16796(&(16799((of(2025 and W.M.P.No.(18837(of(2025(in(W.P.No.16652(of(2025 W.M.P.No.(18845(of(2025(in(W.P.No.16658(of(2025 W.M.P.No.(18847(of(2025(in(W.P.No.16660(of(2025 W.M.P.No.(18857(of(2025(in(W.P.No.16668(of(2025 W.M.P.No.(18858(of(2025(in(W.P.No.16669(of(2025 W.M.P.No.(18868(of(2025(in(W.P.No.16675(of(2025 W.M.P.No.(18867(of(2025(in(W.P.No.16679(of(2025 W.M.P.No.(18872(of(2025(in(W.P.No.16684(of(2025 W.M.P.No.(18878(of(2025(in(W.P.No.16685(of(2025 W.M.P.No.(19015(of(2025(in(W.P.No.16770(of(2025 W.M.P.No.(19026(of(2025(in(W.P.No.16779(of(2025 W.M.P.No.(19024(of(2025(in(W.P.No.16783(of(2025 W.M.P.No.(19031(of(2025(in(W.P.No.16790(of(2025 W.M.P.No.(19042(of(2025(in(W.P.No.16792(of(2025 W.M.P.No.(19040(of(2025(in(W.P.No.16794(of(2025 W.M.P.No.(19039(of(2025(in(W.P.No.16796(of(2025 W.M.P.No.(19048(of(2025(in(W.P.No.16799(of(2025 Muthammal ...,Petitioner in,WP,16652/2025 P.Kaliyammal ..,Petitioner in,WP,16658/2025 M.Revathi ..,Petitioner in,WP,16660/2025 Page,Nos.1/8 S.Dhanalakshmi .. Petitioner in WP 16668/2025 D.Jothi .. Petitioner in WP 16669/2025 P.Nagajothi .. Petitioner in WP 16675/2025 S.Kamala .. Petitioner in WP 16679/2025 R.Surlimani .. Petitioner in WP 16684/2025 M.Annakili .. Petitioner in WP 16685/2025 M.Nithya Kalyani .. Petitioner in WP 16770/2025 C.Nagammal .. Petitioner in WP 16779/2025 B.Saraswathi .. Petitioner in WP 16783/25 S.Kavitha .. Petitioner in WP 16790/2025 P.Rukmani .. Petitioner in WP 16792/2025 D.Aarthi .. Petitioner in WP 16794/25 R.Dhanalakshmi .. Petitioner in WP 16796/2025 Page Nos.2/8 S.Krishnaveni .. Petitioner in WP 16799/2025

vs

1.The District Collector, Coimbatore District.

2.The Thasildhar, Coimbatore North, Dr. Balasundaram Road, Coimbatore – 641 018. ... Respondents in all W.Ps Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the entire records relating to Impugned Order dated 11.04.2025 passed by the 1st respondent in Na.Ka.No.3881/2020/23/A1, and quash the same. For Petitioner : Mr.L.Mouli (in all WPs) For Respondents : Mr.T.K.Saravanan, Additional Government Pleader (in all WPs) COMMON ORDER [Order of the Court was made by M.SUNDAR, J.,] Captioned matters have been filed assailing an 'order dated

11.04.2025 bearing reference Na.Ka.No.3881/2020/23/A1 made by R1 Page Nos.3/8 [District Collector, Coimbatore District]' {hereinafter 'impugned order' for the sake of convenience and clarity}.

¶2Mr.L.Mouli, learned counsel on record for writ petitioners submits that the impugned order makes it clear that alternate accommodation will be completed by 30.09.2025 and that writ petitioners will be given allotment in October, 2025 but in the same breath it directs the writ petitioners to vacate by 05.05.2025.

¶3Issue notice to respondents.

¶4Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for both respondents and submits on instructions that impugned order came to be made under pain of contempt vide Contempt Petition No.3678 of 2024 which has been filed alleging non-compliance qua order dated 02.01.2023 in W.P.No.34909 of 2022.

¶5The short point is alternate accommodation has been given to writ petitioners at the discretion of State, writ petitioners have accepted the same but the alternate accommodation will be ready for Page Nos.4/8 allotment only in October, 2025. In the interregnum, writ petitioners have been called upon to vacate by 05.05.2025 and learned counsel submits that the writ petitioners will be rendered homeless.

¶6We respectfully remind ourselves of the observation of Hon'ble Supreme Court vide 'In Re: Directions in the matter of demolition of structures' reported in 2024 SCC OnLine SC 3291 wherein Hon'ble Supreme Court has observed that it is not a happy sight to see women, children and aged persons dragged to the streets overnight and that heavens would not fall on the authorities if they hold their hands for some period. This observation is apt qua the case on hand as on facts that was also a case of State action as regards dwelling houses. Therefore, it will suffice to record the undertaking of the writ petitioners (as an undertaking given to this Court) that they will vacate by October, 2025 or immediately on alternate accommodation allotment being made whichever is earlier to write that the impugned order will be kept in abeyance till alternate allotments are made to the writ petitioners. Page Nos.5/8

¶7It is made clear that this order is made as this is a case where on facts State counsel confirms that State has already provided alternate accommodation but it is under construction and will be ready only by 30.09.2025. Axiomatically it is also made clear that the impugned order will get resuscitated if writ petitioners breach the undertaking recorded supra.

¶8Captioned Writ Petitions are disposed of in the aforesaid manner. As the impugned order being kept in abeyance till alternate accommodation being made to writ petitioners allays the fears and douses the anxiety of the writ petitioners, captioned Writ Miscellaneous Petitions (WMPs) thereat have become otiose and the same are disposed of as closed. There shall be no order as to costs. (M.S.,J.) (K.G.T.,J.)

30.04.2025 Index : Yes mmi

(½) Page Nos.6/8 To

1.The District Collector, Coimbatore District.

2.The Thasildhar, Coimbatore North, Dr. Balasundaram Road, Coimbatore – 641 018. Page Nos.7/8 M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mmi W.P.Nos.16652 of 2025 etc batch

30.04.2025

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