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Madras High CourtWP/33715/2024disposed of

M.Dhayanandhan (Deceased) v. The Director

2024-12-20Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 20.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.33715 of 2024 and WMP No.36502 of 2024

1. M.Dhayanandhan (deceased)

2. Prema, w/o late Dhayanandan

3. Prasana Parkavi, d/o late Dhayanandan

4. Ramprasad Anand, s/o late Dhayanandan P2 to 4 are substituted as LRs of deceased P1 as per order dated 17.12.2024 in WMP No.41911/2024 in W.P.No.33715/2024. ... Petitioners Vs.

1. The Director, Tamilnadu University of Veterinary and Animal Science, Madhavaram Milk Colony, Chennai 600 051.

2. The Commissioner, Dairy Development Department, Madhavaram Milk Colony, Chennai 600 051.

... Respondents Prayer: Writ petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned letter No.4218/T/Ka.vu.ka.mi/ 2024, dated 30.09.2024 issued by the first respondent and quash the

same and consequently direct the first respondent to consider the petitioner's representation dated 12.09.2024 and thereby provide alternate accommodation to the petitioner.

For Petitioners : Ms.G.Mutharasu for Mr.P.Babu For Respondents : Mr.J.Melwin Jabaz for first respondent Mr.V.Jeevagiridharan, Addl.Govt.Pleader for second respondent

ORDER

This writ petition is filed challenging the order passed by the first respondent, directing the petitioner to vacate the subject property.

2. Today, when the writ petition is taken up for hearing, the learned counsel for the petitioner filed an undertaking affidavit stating that the petitioners will vacate the subject property and hand over possession to the first respondent on or before 31.12.2024. The relevant portion of the affidavit reads as follows. " I submit we are ready to vacate the cattle shed without prejudice to our rights in respect of cattle shed including to receive the compensation from the first respondent. I submit that my husband M.Dhayanandan maintain the cattle shed and the cattle shed is the

main source of our income. I submit that I am also being a lady and senior citizen, we couldn't shifted the cattle shed immediately. However myself and other petitioners undertake to vacate the cattle shed but kindly provide time for vacating the cattle shed and shifting 200 cows to some other place. I submit that on or before 31.12.2024, we vacate the cattle shed and handover the possession to the first respondent."

3. The undertaking affidavit filed by the second petitioner is recorded and accordingly, the writ petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed. 20.12.2024 Index:Yes/No Internet:Yes/No mst To

1. The Director, Tamilnadu University of Veterinary and Animal Science, Madhavaram Milk Colony, Chennai 600 051.

2. The Commissioner, Dairy Development Department, Madhavaram Milk Colony, Chennai 600 051.

S.SOUNTHAR, J.

mst W.P.No.33715 of 2024 20.12.2024