S.Bhramasakthi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR W.P. Nos.17852, 17856,17860, 17862, 17866, 17870, 17895, 17898, 17903, 17908, 17910, 17918, 17867, 17871, 17873, 17876 and 17879 of 2025 and W.M.P. Nos.20072, 20076, 20079, 20083, 20086, 20093, 20126, 20128, 20134, 20137, 20140, 20143, 20088, 20092, 20098, 20102 and 20106 of 2025 S. Brahmasakthi Petitioner in WP No.17852 of 2025 M. Lakshmi Petitioner in WP No.17856 of 2025 D. Vijayakanth Petitioner in WP No.17860 of 2025 M. Hema Maheswari Petitioner in WP No.17862 of 2025 M. Vijaya Petitioner in WP No.17866 of 2025 N. Saraswathi Bai Petitioner in WP No.17870 of 2025 R. Kannammal Petitioner in WP No.17895 of 2025 L. Sarasu Petitioner in WP No.17898 of 2025 J. Nagaithiralal Petitioner in WP No.17903 of 2025 S. Kalaivani Petitioner in WP No.

17908 of 2025 Christi Macarina Petitioner in WP No.17910 of 2025 A. Kalidoss Petitioner in WP No.17918 of 2025 J. Chandrakala Petitioner in WP No.17867 of 2025 K. Priya Petitioner in WP No.17871 of 2025 K. Velusamy Petitioner in WP No.17873 of 2025 M. Rathinam Petitioner in WP No.17876 of 2025 V. Ponnusamy Petitioner in WP No.17879 of 2025 vs.

1.

The District Collector Coimbatore District Page Nos.1/6

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 the 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 in all WPs Additional Government Pleader COMMON ORDER [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 [District Collector, Coimbatore District]' {hereinafter 'impugned order' for the sake of convenience and clarity}.

2.

Mr.L.Mouli, learned counsel on record for writ petitioners, submits that the impugned order makes it clear that alternative accommodation will be completed by 30.09.2025 and that writ Page Nos.2/6

petitioners will be given allotment in October, 2025 but in the same breath it directs the writ petitioners to vacate by 05.05.2025. 3.

Issue notice to respondents.

4.

Mr.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 noncompliance qua order dated 02.01.2023 in W.P.No.34909 of 2022. 5.

The short point is, alternative accommodation has been given to writ petitioners at the discretion of State, writ petitioners have accepted the same but the alternative accommodation will be ready for 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. Page Nos.3/6

6.

We 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 alternative accommodation allotment being made, whichever is earlier, to write that the impugned order will be kept in abeyance till alternative allotments are made to the writ petitioners.

7.

It is made clear that this order is made as this is a case where on facts State counsel confirms that State has already provided alternative accommodation but it is under construction and will be ready only by 30.09.2025. Axiomatically, it is also made clear that the Page Nos.4/6

impugned order will get resuscitated if writ petitioners breach the undertaking recorded supra.

8.

Captioned writ petitions are disposed of in the aforesaid manner. As the impugned order being kept in abeyance till alternative 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.) (H.C.,J.) 03.06.2025 Index : Yes cad (1⁄2) To 1.

The District Collector Coimbatore District 2.

The Thasildhar Coimbatore North Dr. Balasundaram Road Coimbatore - 641 018 Page Nos.5/6

M.SUNDAR, J.

and HEMANT CHANDANGOUDAR, J.

cad 03.06.2025 (1⁄2) Page Nos.6/6