Jaideep Samuel S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.27328 of 2025 and W.M.P(MD)No.21232 of 2025 S.Jaideep Samuel ... Petitioner Vs.

1. The District Collector, Kanyakumari District, Nagercoil.

2. The Superintendent of Police, Kanyakumari District, Nagercoil.

3. The Revenue Divisional Officer, Nagercoil, Kanyakumari.

4. The Inspector of Police, Vadasery Police Station, Kanyakumari District.

5. Shirley Annapoorni ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned eviction notice dated 23.09.2025 issued by the 4th respondent and quash the same.

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For Petitioner : Mr.Niranjan S.Kumar For R1 and R3 : Mr.A.Kannan Additional Government Pleader For R2 and R7 : Mr.S.Prakash Government Advocate (Crl.Side) For R5 : Mr.C.Sankar Prakash

ORDER

The above writ petition has been filed for the following relief:- "Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned eviction notice dated 23.09.2025 issued by the 4th respondent and quash the same."

2. When the matter is taken up for hearing today, an affidavit of undertaking has been filed by the petitioner Jaideep as directed, in which he has stated as follows:- "I submit that my house consist of Ground Floor and First Floor. The Ground Floor has four bedrooms and my mother 5th Respondent is residing in the said premises. The first floor consist of two portions having two bedroom each. I am residing in one such portion and the other portion is kept lock and key and it being used by my elder brother, who is living in Abu Dhabi. Whenever he comes to Kanyakumari he stays in the said portion. Eventhough the allegation raised by the 5th respondent is not true, however I undertake that I will not disturb my mother in any manner, either by words spoken or by my any other means. I also undertake that I will not cause any disturbance to my mother/5th respondent's possession in the ground floor as stated above." 2/4

3. On the basis of the above undertaking, the Impugned Order dated 23.09.2025 stands quashed. However, it is needless to state that if there is any violation of this undertaking, the order passed by the 4th respondent would automatically come into effect. The affidavit of undertaking filed by the petitioner will be treated as part and parcel of this order

4. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 05.11.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4

P.T.ASHA, J.

rgm To

1. The District Collector, Kanyakumari District, Nagercoil.

2. The Superintendent of Police, Kanyakumari District, Nagercoil.

3. The Revenue Divisional Officer, Nagercoil, Kanyakumari.

4. The Inspector of Police, Vadasery Police Station, Kanyakumari District.

W.P.(MD).No.27328 of 2025 and W.M.P(MD)No.21232 of 2025 05.11.2025 4/4