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Madras High CourtWP/21221/2013disposed of

G.Ravi v. The District Collector

2020-07-29Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.21221 of 2013 and M.P.Nos.1 of 2013 & 1 of 2014 G.Ravi ... Petitioner Vs.

1.The District Collector, Thiruvallur District, Office of Collectorate, Thiruvallur.

2.The Commissioner, Avadi Municipality, Avadi, Chennai - 54.

3.The Municipal Engineer, Avadi Municipality, Thiruvallur District.

4.Sri Sankarar Nagar Residents'

General Welfare Association, Regn.No.183/99, No.279, Main Road, Sankarar Nagar, Avadi, Chennai - 54 rep by its Custodian R.Suresh ... Respondents (R4 impleaded vide order dated 29.07.2020 in M.P.No.2 of 2014 in W.P.No.21221 of 2013) Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus directing the respondents to implement the appropriate drainage scheme indicated for rain water drain facility in their commitment vide proceedings No.Na.Ka.8044/2010/E1 dated 16.11.2011.

For Petitioner : Mr.V.Manohar For Respondents : Mrs.K.Bhuvaneswari, Additional Government Pleader (R1) Mr.P.Srinivas (R2 & R3) R4 - no appearance

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the respondents to implement the appropriate drainage scheme indicated for rain water drain facility in their commitment vide proceedings dated 16.11.2011. 2.Mr.V.Manohar, learned counsel appearing for the petitioner submitted that though the 2nd respondent had passed the proceedings as early as on 16.11.2011 for the formation of the storm water drain, the respondents have not implemented the same yet.

3.Mr.P.Srinivas, learned counsel appearing for the respondents 2 & 3 submitted that the respondents 2 & 3 are ready to implement the proceedings dated 16.11.2011 for the formation of the storm water drain and would complete the work at the earliest.

4.Mr.V.Manohar, learned counsel appearing for the petitioner further submitted that the petitioner would not prevent the respondents from putting up the storm water drain in any manner whatsoever and that they only require the facility to be provided to prevent water logging during the monsoon season. 5.Having regard to the submissions made by the learned counsel for the petitioner and the learned counsel for the respondents 2 & 3, since the petitioner is not preventing the respondents from putting up storm water drain and the respondents 2 & 3 are also ready to construct the storm water drain without any further delay, the submission made by the learned counsel on either side is recorded and the Writ Petition is disposed of with a direction to the respondents 2 & 3 to complete the storm water drain construction work within a period of six months from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

va To 1.The District Collector, Thiruvallur District, Office of Collectorate, Thiruvallur.

2.The Commissioner, Avadi Municipality, Avadi, Chennai - 54.

3.The Municipal Engineer, Avadi Municipality, Thiruvallur District.

+1 cc to The Government Pleader, Sr.No. 25773 +1 cc to M/s.V.Manohar, Advocate Sr.No. 25593 W.P.No.21221 of 2013 and M.P.Nos.1 of 2013 & 1 of 2014 SSI(CO) RMP(29/09/2020)