Allowed¶24

D.Usha v. the Commissioner

Madras HC10 Oct 2025WMP/41273/2025

Case brief

AI extract

What is this about?

Restoration of writ petition dismissed for default; death of sole original petitioner during pendency; legal heirs unaware of listing; dismissal order dated 28.03.2025 after non-prosecution on 27.03.2025-28.03.2025; petitioner died 03.07.2024; Coimbatore Municipal Corporation; Madras High Court; WMP No. 41273 of 2025 in W.P.No.9238 of 2021 with W.M.P.Nos.9781, 9782 and 9784 of 2021; order by R. Suresh Kumar J.; decided 10-10-2025.

What did the court decide?

Restoration petition allowed: W.P.No.9238 of 2021 restored and directed to be posted for hearing in the usual course. ¶24

D.Usha Vs the Commissioner — Madras HC (2025) — LawSathi Research

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WMP No. 41273 of 2025 in W.P.No.9238 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-10-2025

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CORAM

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THE HON'BLE MR JUSTICE R. SURESH KUMAR AND

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THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR WMP No. 41273 of 2025 in

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WP NO. 9238 OF 2021

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D.Usha P.Damodaran(deased) D/o Late Of P. Damodaran No 108, Nsr Road Saibaba Colony Coimbatore 641 011

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D.Ponraj S/o, Late Of P. Damodaran No 108, NSR Road Saibaba Colony Coimbatore 641 011

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..Petitioners

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The Commissioner Coimbatore Municipal Corproation, Big Bazaar, Street, Coimbatore 641 018

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..Respondent(s)

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Prayer in WMP No. 41273 of 2025 : To set aside the dismissal order dated 28.03.2025 and restore W.P. No 9238 of 2121 along with W.M.P. Nos 9781, 9782 and 9784 of 2021.

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For Petitioners : Mr.Visvesh for Ms.M.Sneha

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For Respondent : Mr.K.Mahesh Standing Counsel

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Page 1 of 4

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

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WMP No. 41273 of 2025 in W.P.No.9238 of 2021

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Order

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(Order of the Court was made by R.Suresh Kumar J.)

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This civil miscellaneous petition has been filed to set aside the dismissal order dated 28.03.2025 and restore W.P.No.6238 of 2021 along with W.M.P.Nos.9781, 9782 and 9784 of 2021.

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Heard Mr.Visvesh, learned counsel appearing for the petitioner and Mr.K.Mahesh, learned Standing Counsel takes notice for the respondent.

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4.The original petitioner P.Damodaran died on 03.07.2024 and therefore there had been no knowledge to the legal heirs of the original petitioner and hence there has been non prosecution on 27.03.2025 and 28.03.2025, the date on which the writ petition was dismissed for default.

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In view of the aforesaid fact, this restoration petition is ordered and W.P.No.9238 of 2021 is restored. Post the writ petition for hearing in the usual course.

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(R.S.K.,J.) (H.C.,J.) 10-10-2025

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KST

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__________ Page 2 of 4

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

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WMP No. 41273 of 2025 in W.P.No.9238 of 2021

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