Madras High CourtWMP(MD)/10161/2025disposed of

Susila v. The District Collector

2025-05-09Honourable Mr Justice M.Dhandapani,Honourable Mr.Justice R.Sakthivel4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Friday, the Ninth day of May Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE M.DHANDAPANI AND The HONOURABLE MR. JUSTICE R. SAKTHIVEL WMP(MD). No.10161 of 2025 in W.P.(MD) No. 31587 of 2024

1. P. Susila

2. K. Ramesh

3. R. Kaveri

4. M.Uma Maheswari

5. G. Sankar

6. A. Savithri

7. P. Swaminathan

8. M. alamelu

9. C. Sumathi 10.S. Muthukumaran 11.B. Swaminathan 12.P. Karupaiyan 13.K. Govindarajan 14.R. Ganesan 15.G. Balasubramaniyan .. Petitioners/Petitioners Vs.

1 The District Collector, Thanjavur District Thanjavur.

2 The Tashildar, Kumbakonam, Thanjavur District.

3 The Corporation Commissioner, Kumbakonam Municipal Corporation, Thanjavur District.

... Respondents/Respondents

Prayer in W.P.(MD) No. 10161 of 2025 :- This Writ Miscellaneoous Petition under Article 226 of the Constitution of India to Extend the Time granted in the order passed in W.P.(MD).No. 31587 of 2024 and dated on 27.12.2024 on humanitarian grounds. Prayer in W.P.(MD) No. 31587 of 2024:

Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 3rd resopondent not to demolish their houses in Survey No. TS No. 871/1, Kottaiyoor Post, Kumbakonam, Thanjavur District and TS No. 2242 Kuppankulam Village, Sakottai Post, Kumbakonam, Thanjavur District by considering their representation dated 23.12.2024 within a time rame stipulated by this Court.

ORDER:- This Writ Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s.T.Stalin Advocate for the petitioner and of Mr.A.Kannan Additional Government Pleader for the Respondents 1 & 2 and Mr.M.Rajarajan standing Counsel for Respondent 3, the Court made the following order:

[Order of the Court was made by M.DHANDAPANI, J.] Seeking to extend the time limit granted by this Court by an order dated 27.12.2024 in W.P.(MD) No.31587 of 2024, the petitioners have filed this miscellaneous petition. The relevant portion of the said order is extracted hereunder:

"7. Accordingly the petitioners are directed to give their affidavit of undertaking before the Registry stating that after completion of the academic year, during the first week of May, 2025, they shall vacate the premises. Such affidavit of undertaking shall be filed on or before 10.01.2025. In view of the said affidavit of undertaking to be given by the petitioners, this Court is inclined to extend the time already granted vide order dated 21.10.2024, till first week of May, 2025, failing which, the

order shall stand cancelled without further reference to this Court."

2. Learned counsel for the petitioners, on instructions, submitted that the petitioners herein are in the process of getting admission for their children for the next academic year and they are also finding alternative accommodation for their livelihood and therefore, they require two more months to vacate the premises.

3. Learned counsel appearing for the second respondent would submit that the second respondent is facing contempt proceedings in Cont.P.No.556 of 2024 before the Principal Seat and a compliance report is to be filed in the said contempt petition.

4. In view of the above, we grant time till 15.05.2025 to the petitioners to evict the subject premises, failing which this order shall stand cancelled automatically without further reference to this Court.

5. Accordingly, this miscellaneous petition is ordered. Sd/- Assistant Registrar (CS-III) // True Copy // / /2025 Sub Assistant Registrar (CS - I/II/III/IV) Madurai Bench of Madras High Court, Madurai.

TO 1.The District Collector, Thanjavur District, Thanjavur.

2.The Tashildar, Kumbakonam, Thanjavur District.

3.The Corporation Commissioner, Kumbakonam Municipal Corporation, Thanjavur District.

4.The Special Government Pleader, Madurai Bench of Madras High Court, Madurai Copy to:

The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 09/05/2025 ==========================

ORDER

========================== WMP(MD). No.10161 of 2025 IN W.P.(MD)NO. 31587 OF 2024 Giving direction and etc.

as stated within.

RS (15/05/2025) 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.