Jayanthi Vs the District Collector

Jayanthi	Petitioner in WP No.19686 of 2025
R. Maithili	Petitioner in WP No.19692 of 2025
M. Vijaya	Petitioner in WP No.19707 of 2025
B. Lilli Bakkiyaraj	Petitioner in WP No.19709 of 2025
R. Jaya	Petitioner in WP No.19711 of 2025
K. Madhappan	Petitioner in WP No.19714 of 2025 vs.

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The District Collector Coimbatore District

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The Thasildhar Coimbatore North Dr. Balasundaram Road Coimbatore – 641 018 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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Page Nos.1/6

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

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W.P.No.19686 of 2025, etc . batch

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For petitioner Mr. A. Sri Ram in all WPs 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. A. Sri Ram, learned counsel on record for writ

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petitioners, submits that the impugned order makes it clear that alternative accommodation will be completed by 30.09.2025 and that writ 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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3. Issue notice to respondents.

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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.19686 of 2025, etc . batch

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Mr. T.K. Saravanan, learned Additional Government

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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 non-compliance 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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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

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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.19686 of 2025, etc . batch

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

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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.19686 of 2025, etc . batch

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Captioned writ petitions are disposed of in the aforesaid

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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.) 04.06.2025

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