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Madras High CourtWP/8895/2018closed

K.Murali, v. The Municipal Commissioner

2020-01-08Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.01.2020

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No.8895 of 2018 K.Muruali .. Petitioner ..Vs..

1. The Municipal Commissioner, Municipal Commissioner Office, Krishnagiri Town - Taluk, Krishnagiri District.

2. The District Collector, Krishnagiri Collectorate Office, Krishnagiri.

..Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to take appropriate steps to block the Municipality drainage water flowing in to petitioner lands in S.No.140, 141/1, 2, 3 and 140/4 and Survey No.16/2B, 2D, 16/8 and 16/9 of Krishnagiri Town & Village and pay Compensation favour of Rupees 50 lakhs.

For Petitioner : No representation For Respondents : Mr.Rajesh (for R1) for V.Jayaprakash Narayanan Mr.N.Inbanathan, (for R2) Additional Government Pleader

O R D E R

No representation for the petitioner.

2. On the previous hearing date, this Court had requested both the learned counsels to file a report regarding the proceedings of the Revenue Divisional Officer which had been conducted on 18.11.2019.

3. Accordingly, a status report was filed by the 1st respondent namely the Municipal Commissioner, Municipal 1/3

Commissioner Office, Krishnagiri Town-Taluk, Krishnagiri District. In the said status report, it has been stated as follows:

"I submit that the petitioner statement in para 8 of the affidavit has been observed and necessary remedial steps have been taken for construction of chambers in (1) Gandhi Road (2) TB Road junction near (Gandhi Statue) (3) Dharmaraja Kovil Road in the entrance of old bus stand, (necessary photos submitted) to arrest the flow of storm water. I submit that the rest of water naturally access Ayacut pasanam and the land owners only keeping the land as agricultural land, the adjacent are completely covered by buildings. More over, action to regulate the water have been discussed with the rest of the land owner is in progress.

I submit that the petitioner has been called for on 23/12/19 for the remedial steps to be taken for arresting the storm water. Accordingly, the flow of water arrested by constructing three chambers in which the chambers also connected with the manhole of Under Ground Sewerage connection."

4. In view of the fact that there has been a substantial compliance pursuant to the representation given by the petitioner and nothing further is required to be done. Hence, recording the status report, this writ petition is closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vum To

1. The Municipal Commissioner, Municipal Commissioner Office, Krishnagiri Town - Taluk, Krishnagiri District.

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2. The District Collector, Krishnagiri Collectorate Office, Krishnagiri.

+1 cc to the Government Pleader sr2223 W.P.No.8895 of 2018 aa19/02/2020 3/3