Anbazhangan @ Anbu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P. No.25374 of 2024 in W.P.No.23208 of 2024 1.Anbazhangan @ Anbu 2.Arivalagan 3.Banumathi 4.Chandira 5.Dharani 6.Durairaj 7.Fathima 8.Gangadevi 9.Gangaiamaran 10.Jayalakshmi 11.Kalaiyarasan 12.Kamalakannan 13.Kasinathan 14.Kumaran 15.Kuppammal 16.Madhankumar 17.Mariammal @ Mari 18.Mariyappan 19.Padmavathy 20.Prema 21.Pushpavathy 22.Uma 23.Revathi 24.Saraswathy 25.Sathishkumar 26.Sekar Page Nos.1/7

27.Sivakumar 28.Sumathi 29.Suresh 30.Thilagavathy @ Thilagam 31.Udayakumar 32.Vinayakam 33.Yamuna ... Petitioners Vs.

1.The District Collector, Villupuram District, Villupuram.

2.The Tahsildar, Villupuram District, Villupuram.

3.Additional Divisional Railway Manager (ADRM), DRM Complex, Trichirappalli Division, Southern Railway, Trichy - 620 001.

... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the representation dated 27.06.2024 to the Revenue Department, Government of Tamil Nadu and allocate alternative accommodation for the residents of No.16, Power Office Road, V.Maruthur, Villupuram - 605 602 in suitable area as soon as possible. Page Nos.2/7

For Petitioners :

Mr.H.Mohamed Ghouse For Respondents :

Mr.T.K.Saravanan, Additional Government Pleader for R1 and R2 Mr.S.Diwakar, Central Government Senior Panel Counsel for R3

ORDER

[Order of the Court was made by M.SUNDAR, J.,] Captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) is predicated on a 'representation dated 27.06.2024' (hereinafter 'said representation' for the sake of convenience and clarity) vide which writ petitioners submitted that they are residing in railway property, sought alternate accommodation and made a request that they not be dispossessed or their properties be not subjected to demolition until then.

2. Pending WP, an affidavit of undertaking dated 16.08.2024 has been filed and the most relevant part of the affidavit is contained in paragraph 11 which reads as follows:

'....I respectfully submit that we hereby affirm that we are ready to vacate the Premises as soon as allocation Page Nos.3/7

of alternative accommodation or 30th April 2025 after completion of Annual Examination of School going children of the most of the Petitioners. We are not willing to squatter into the Railway Land provided seek time to vacate until the alternative accommodation is identified and allocated to us by the Respondents.'

3. Today, Mr.H.Mohamed Ghouse, learned counsel for writ petitioners, Mr.T.K.Saravanan, learned Additional Government Pleader for R1 and R2 and Mr.S.Diwakar, learned Central Government Senior Panel Counsel for R3 are before us.

4. Learned counsel for writ petitioners and learned State counsel submit in one voice that alternate accommodation to all the writ petitioners has since been provided. This common submission made in unison in one voice is recorded.

5. Learned State counsel submits on instructions that though alternate accommodation has been provided to all the writ petitioners, the writ petitioners have not vacated the railway property, they are squatting on the same, though said representation itself is requesting for permission only until provision of alternate accommodation, which Page Nos.4/7

is buttressed by aforereferred affidavit of undertaking dated 16.08.2024.

6. In the light of the narrative thus far, we give a closure to the captioned main WP and captioned Writ Miscellaneous Petition (WMP) thereat by recording the common stated position of both sides that alternate accommodation has since been provided to all the writ petitioners and making it clear that it is open to the respondents to adhere to due process of law and evict the writ petitioners/demolish the superstructure in railway property qua which alternate accommodation has been provided.

7. Captioned WP and captioned WMP thereat are disposed of as closed. There shall be no order as to costs.

(M.S.,J.) (H.C.,J.) 02.07.2025 Index : Yes / No mmi Page Nos.5/7

To 1.The District Collector, Villupuram District, Villupuram.

2.The Tahsildar, Villupuram District, Villupuram.

3.The Additional Divisional Railway Manager (ADRM), DRM Complex, Trichirappalli Division, Southern Railway, Trichy - 620 001.

Page Nos.6/7

M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mmi 02.07.2025 Page Nos.7/7