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Madras High CourtWP/843/2021disposed of

C.Palanisamy v. The District Collector

2021-01-19Honourable Mr Justice B.Pugalendhi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19/1/2021 C O R A M THE HONOURABLE Mr.JUSTICE B.PUGALENDHI Writ Petition No.843 of 2021 a n d M.P.No.912 of 2021 C. Palanisamy

...Petitioner

Vs

1. The District Collector Erode District Office of Collectorate Erode

2. The Revenue Divisional Officer Erode

3. The Tahsildar Perundurai Office of Tahsildar Perundurai 638 052.

4. The Health Inspector Chennimalai Government Social Sanitary Office Chennimalai 638 051

5. N. Palanisamy

6. S. Balamurugan

7. S. Prabhakaran

...Respondents

Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents 1 to 4 to implement the notice cum order issued by the fourth respondent to respondents 5 to 7 dated 8/6/2020 on the basis of the representation dated 3/7/2020. For petitioner ...

Mr.S.Venkatesh For respondents ...

Mr.P.S.Sivashanmuga Sundaram Special Government Pleader for R.R.1 to 4.

No appearance for R.R.5 to 7.

- - - - - -

O R D E R

Instant Writ Petition has been filed to direct the respondents 1 to 4 to implement the notice-cum-order, dated 8/6/2020, issued by the fourth respondent to the respondents 5 to 7, on the basis of the representation, dated 3/7/2020.

2. The grievance of the petitioner is that respondents 5 to 7 are not having any drainage system and they are letting out the drainage in the main canal which is meant for storing of rain water and the drinking water pipe is also connected with the rain water harvesting canal. Therefore, the petitioner had made several representations. Official respondents have also issued notice and during enquiry, respondents 5 to 7 have also admitted their act. Despite that the authorities have not proceeded further to curtail the pollution in the main canal.

3. Mr.P.S.Sivashanmuga Sundaram, learned Special Government Pleader, on instruction submits that they have issued notice and they are yet to take further action.

4. In view of the submissions made by the learned Special Government Pleader, this Court is inclined to dispose of this writ petition, with a direction to the official respondents 3 and 4, to conduct enquiry and to take appropriate action by considering the representation of the petitioner, dated 3/7/2020, after providing sufficient opportunity to the respondents 5 to 7, within a period of five weeks, from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar //True Copy// mvs Sub Assistant Registrar To

1. The District Collector Erode District Office of Collectorate Erode

2. The Revenue Divisional Officer Erode

3. The Tahsildar Perundurai Office of Tahsildar Perundurai 638 052.

4. The Health Inspector Chennimalai Government Social Sanitary Office Chennimalai 638 051 Writ Petition No.943 of 2021 RSV(CO) rv(11/02/2021)