D.Usha v. The Commissioner

W.M.P. No.35350 of 2025 in W.P. No.9238 of 2021 W.M.P. No.35350 of 2025 in W.P. No.9238 of 2021 M.SUNDAR, J.

and MUMMINENI SUDHEER KUMAR, J.

(Order of the Court was made by M.SUNDAR, J.) When captioned main writ petition i.e., W.P. No.9238 of 2021 was filed, there was a sole writ petitioner and sole writ petitioner was Mr.P.Damodaran, son of Mr. Ponnusamy.

2.

Pending writ petition, sole writ petitioner Mr.P.Damodaran breathed his last and the date of demise is 03.07.2024. 3.

Ms. M. Sneha, learned counsel on record for WMP petitioners, submits that late Mr. Damodaran's daughter and son now want to restore the captioned main writ petition and pursue the same. Learned counsel submits that WMP petitioners came to know that their father had initiated the captioned main writ petition only when the Corporation officials descended on their premises.

4.

To be noted, captioned main WP was dismissed for default on 28.03.2025.

https://www.mhc.tn.gov.in/judis

W.M.P. No.35350 of 2025 in W.P. No.9238 of 2021 M.SUNDAR, J.

and MUMMINENI SUDHEER KUMAR, J.

cad 5.

Issue notice to respondent.

6.

Mr. K. Magesh, learned Standing Counsel for Coimbatore Municipal Corporation, accepted notice for respondent and submitted that there is no reason why WMP petitioners should not have been more diligent.

7.

Considering the facts and circumstances of the case, nature of the matter and taking into account the innocuous nature of the prayer in the captioned WMP, we deem it appropriate to accede to the WMP prayer, making it clear that rights and contentions of both sides stand preserved for being thrashed out in the captioned main writ petition and other miscellaneous petitions, if any.

8.

Captioned WMP stands ordered as prayed for.

(M.S., J.) (M.S.K., J.) 03.09.2025 cad W.M.P. No.35350 of 2025 in W.P. No.9238 of 2021 https://www.mhc.tn.gov.in/judis