K.N.Chanbasha v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.02.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.4209 of 2021 K.N.Chanbasha ... Petitioner Vs.
1. The District Collector, Ranipet District.
2. The Superintending Engineer, Public Works Department, Ranipet District.
3. The Assistant Engineer, Public Works Department, Kalavai Taluk, Ranipet District.
4. The Tahsildar, Kalavai Taluk.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to not to connect the water pond in S.F.No.237/2, Agaram Village, Kalavai Taluk with sewage channel.
For Petitioner : Mr.M.Muruganantham For Respondent : Mr.T.Arunkumar, Additional Government Pleader
O R D E R
The writ of mandamus has been instituted to direct the respondents not to connect the water pond in S.F.No.237/2, Agaram Village, Kalavai Taluk with sewage channel.
2. The petitioner states that he is the Muthavalli of the Wakf and his forefathers had constructed drinking water pond in S.F.No.237/2 inside the wakf properties for utilization of the devotees, who all are visiting the mosque. The petitioner states that the respondents are planning to do renovation works in the Government General Hospital at Kalavai Taluk. The petitioner has no objections for carrying out the renovation works in Government General Hospitals, but the sewage channel shall not be connected with the water ponds.
3. The learned Additional Government Pleader appearing on behalf of
the respondents relied on the counter affidavit and on instructions made a submission that the writ petition has been instituted merely based on the apprehension. The authorities have not taken any decision to connect the sewage channel with the water pond and the petitioner has presumed that the authorities are going to connect. However, on account of the interim order granted in the writ petition, the renovations works are unable to be completed.
4. Further, the counter affidavit filed by the respondents would reveal that the renovation for the said works are being carried out by the Assistant Divisional Engineer, Highways Department, Arcot, Ranipet District and the respondents 2 and 3 are not at all connected with the work. Since the allegations set out in the writ petitions are based on certain apprehensions, the relief as such sought for deserves no merit consideration. If at all any grievances exist for the petitioner, he is at liberty to approach the competent authorities.
5. With these observations, this Writ Petition stands dismissed. No
costs. Consequently, the connected Miscellaneous Petition is closed. 06.02.2024 Jeni Index : Yes Speaking order To
1. The District Collector, Ranipet District.
2. The Superintending Engineer, Public Works Department, Ranipet District.
3. The Assistant Engineer, Public Works Department, Kalavai Taluk, Ranipet District.
4. The Tahsildar, Kalavai Taluk.
S.M.SUBRAMANIAM, J.
Jeni 06.02.2024