Manickaraja, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 22.03.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.10625 of 2016 Manickaraja .. Petitioner

Versus

The Commissioner, Puducheri Corporation, Puducheri .. Respondent Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the respondent to consider the representation of the petitioner dated 03.02.2016.

For Petitioner : Mr.M.Muthusamy For Respondent : Ms.D.Reena Ishwariya Additional Government Pleader [Pondy]

O R D E R

By consent of the learned counsel on either side, the writ petition is taken up for final disposal.

2. The case of the petitioner is that an open drainage has been constructed and the drainage water is flowing into the petitioner's agricultural lands, which is a coconut grove. The photographs produced in the typed set of papers prima facie shows the stagnation of drainage water. In this regard, the petitioner has given representation to the respondent on 07.05.2015, which has been received by the office of the respondent, as could be seen from the date seal, followed by a reminder dated 03.02.2016. The petitioner's grievance is that till date, nothing has happened in the matter and the drainage water has polluted the petitioner's land.

2. Ms.D.Reena Ishwariya, the learned Additional Government Pleader [Pondy] after accepting notice on behalf of the respondent, on instructions, submitted that the respondent will consider the petitioner's representation and look into the matter and do the needful and the respondent may be granted reasonable time to take action.

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3. Considering the facts and circumstances of the case and the Court being prima facie satisfied that drainage water is flowing into the petitioner's land, there will be direction to the respondent to consider the petitioner's representation dated 07.05.2015 and reminder dated 03.02.2016, direct an officer to inspect the property and if it is found that the drainage water is flowing into the petitioner's coconut grove, appropriate action may be initiated in accordance with law, to remedy the breach within a period of three weeks from the date of receipt of a copy of this order. The writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To The Commissioner, Puducheri Corporation, Puducheri +1cc to Mr.Muthusamy, Advocate sr.18031 W.P.No.10625 of 2016 ad(CO) srg(28/03/2016) https://hcservices.ecourts.gov.in/hcservices/