M. Thilagavathy, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.06.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P.Nos.20082, 20095, 20100, 20104, 20109, 20114 & 20120 of 2025 M.Thilagavathy W/o.Moorthy ... Petitioner in W.P.No.17861/2025 S.Saraswathi W/o.Subramani ... Petitioner in W.P.No.17869/2025 S.Manimala W/o.Late Sekar ... Petitioner in W.P.No.17874/2025 P.Murugeshwari W/o.Palanisamy ... Petitioner in W.P.No.17877/2025 G.Parameshwari W/o.Gurusamy ... Petitioner in W.P.No.17882/2025 S.Pachiyammal W/o.Sivakumar ... Petitioner in W.P.No.17886/2025 C.Muthulakshmi W/o.Chinnappan ... Petitioner in W.P.No.17889/2025 Page Nos.1/6
vs.
1.
The District Collector Coimbatore District.
The Thasildar Coimbatore North Dr.Balasundaram Road Coimbatore - 641 018.
Respondents in all WPs Writ Petitions filed under Article 226 of the Constitution of India seeking 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 in all WPs :
Mr.L.Mouli For Respondents in all WPs :
Mr.T.K.Saravanan Additional Government Pleader C O M M O N O R D E R [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 [District Collector, Coimbatore District]' {hereinafter 'impugned order' for the sake of convenience and clarity}.
Page Nos.2/6
Mr.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.
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 non-compliance qua order dated 02.01.2023 in W.P.No.34909 of 2022. 5.
The 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 allotment only in Page Nos.3/6
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.
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 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.4/6
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 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.
8.
Captioned 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 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.,) 02.06.2025 Index : Yes / No Speaking / Non-speaking mk Page Nos.5/6
M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mk To 1.
The District Collector Coimbatore District.
The Thasildar Coimbatore North Dr.Balasundaram Road Coimbatore - 641 018.
02.06.2025 (1/2) Page Nos.6/6