S.Bhramasakthi Vs the District Collector

S. Brahmasakthi	Petitioner in WP No.17852 of 2025
M. Lakshmi	Petitioner in WP No.17856 of 2025
D. Vijayakanth	Petitioner in WP No.17860 of 2025
M. Hema Maheswari	Petitioner in WP No.17862 of 2025
M. Vijaya	Petitioner in WP No.17866 of 2025
N. Saraswathi Bai	Petitioner in WP No.17870 of 2025
R. Kannammal	Petitioner in WP No.17895 of 2025
L. Sarasu	Petitioner in WP No.17898 of 2025
J. Nagaithiralal	Petitioner in WP No.17903 of 2025
S. Kalaivani	Petitioner in WP No.17908 of 2025
Christi Macarina	Petitioner in WP No.17910 of 2025
A. Kalidoss	Petitioner in WP No.17918 of 2025
J. Chandrakala	Petitioner in WP No.17867 of 2025
K. Priya	Petitioner in WP No.17871 of 2025
K. Velusamy	Petitioner in WP No.17873 of 2025
M. Rathinam	Petitioner in WP No.17876 of 2025
V. Ponnusamy	Petitioner in WP No.17879 of 2025

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vs.

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1. The District Collector Coimbatore District

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Page Nos.1/6

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

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W.P.No.17852 of 2025 etc . batch

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The Thasildhar Coimbatore North Dr. Balasundaram Road Coimbatore – 641 018

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Respondents in all W.Ps.

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Writ Petitions filed under Article 226 of the Constitution of India

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praying to issue a writ of certiorari to call for the entire records relating to the impugned order dated 11.04.2025 passed by the 1^st respondent in Na.Ka.No.3881/2020/23/A1, and quash the same.

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For petitioner Mr.L.Mouli in all WPs

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For respondents Mr.T.K.Saravanan in all WPs Additional Government Pleader

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COMMON ORDER

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[made by M.SUNDAR, J.]

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Captioned matters have been filed assailing an 'order dated 11.04.2025 bearing reference Na.Ka.No.3881/2020/23/A1 made by R1 [District Collector, Coimbatore District]' {hereinafter 'impugned order' for the sake of convenience and clarity}.

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Mr.L.Mouli, learned counsel on record for writ petitioners,

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submits that the impugned order makes it clear that alternative accommodation will be completed by 30.09.2025 and that writ

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Page Nos.2/6

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

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W.P.No.17852 of 2025 etc . batch

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petitioners will be given allotment in October, 2025 but in the same breath it directs the writ petitioners to vacate by 05.05.2025.

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Issue notice to respondents.

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Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for both respondents and submits, on instructions, that impugned order came to be made under pain of contempt vide Contempt Petition No.3678 of 2024 which has been filed alleging noncompliance qua order dated 02.01.2023 in W.P.No.34909 of 2022.

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The short point is, alternative accommodation has been given to writ petitioners at the discretion of State, writ petitioners have accepted the same but the alternative accommodation will be ready for allotment only in October, 2025. In the interregnum, writ petitioners have been called upon to vacate by 05.05.2025 and learned counsel submits that the writ petitioners will be rendered homeless.

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Page Nos.3/6

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

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W.P.No.17852 of 2025 etc . batch

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We respectfully remind ourselves of the observation of Hon'ble Supreme Court vide 'In Re: Directions in the matter of demolition of structures' reported in 2 024 SCC OnLine SC 3291 wherein Hon'ble Supreme Court has observed that it is not a happy sight to see women, children and aged persons dragged to the streets overnight and that heavens would not fall on the authorities if they hold their hands for some period. This observation is apt qua the case on hand as, on facts, that was also a case of State action as regards dwelling houses. Therefore, it will suffice to record the undertaking of the writ petitioners (as an undertaking given to this Court) that they will vacate by October, 2025 or immediately on alternative accommodation allotment being made, whichever is earlier, to write that the impugned order will be kept in abeyance till alternative allotments are made to the writ petitioners.

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It is made clear that this order is made as this is a case where on facts State counsel confirms that State has already provided alternative accommodation but it is under construction and will be ready only by 30.09.2025. Axiomatically, it is also made clear that the

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Page Nos.4/6

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

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W.P.No.17852 of 2025 etc . batch

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impugned order will get resuscitated if writ petitioners breach the undertaking recorded supra.

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Captioned writ petitions are disposed of in the aforesaid manner. As the impugned order being kept in abeyance till alternative accommodation being made to writ petitioners allays the fears and douses the anxiety of the writ petitioners, captioned writ miscellaneous petitions (WMPs) thereat have become otiose and the same are disposed of as closed. There shall be no order as to costs.

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(M.S.,J.) (H.C.,J.) 03.06.2025

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Index : Yes Neutral Citation: Yes cad

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(½)

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To

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