K.A.Gopinath v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.03.2025
CORAM
THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and WMP.No.8581 of 2025 1 K.A.Gopinath ... [ PETITIONER ] S/o.k.ashok Kumar (late) No.72/1 meenambal Salai Vivekanandar Nagar Kodungaiyur Chennai-600 118 Vs 1 The District Collector Collectorate Buildings Chennai 2 The Commissioner Corporation Of Chennai Ripon Buildings Chennai-600 003 3 The Assistant Executive Engi Neer Corporation Zone Iv, Unit 9 Krishnamurthy Salai Kodungaiyur Chennai- 600 118 4 The Managing Director, Chennai Metropolitan Water Supply and Sewage Board, 1, Pumping Station Road, Chintadripet, Chennai.
5 The Area Engineer, No.1, Perumal Koil Street, Madhavaram, Chennai.
...
[ RESPONDENTS ] (R4 & R5 are impleaded vide order dt 19.03.2025 in WMPNo.9965 of 2025) PRAYER: The writ petition has been filed under Article 226 of the 1/7
Constitution of India for issuance of a writ of Mandamus directing the 2nd respondent to consider the representation of the petitioner dated 10.2.2025 to remove unauthorized and illegal construction of sewage treatment plant in the place earmarked as park situated at Meenambal Avenue Zone 3 Old Division NO.28 New Division No.27 chennai and consequently direct the respondents to establish the sewing station as per the sanctioned approved area namely Seeyalan Street Madhavaram chennai for sewage disposal facility (LS-06)within the stipulated time as that may be fixed by this Hon'ble Court.
For Petitioner ... Mr.N.Umapathi For Respondent ... Mr.M.Rajendran No.1 Additional Govt.Pleader For Respondent ... Mr.S.Gopinathan Nos.2 & 3 Standing Counsel For Respondent ... Ms.K.Vasanthamala Nos.4 & 5
O R D E R
The writ petition has been filed to direct the 2nd respondent to consider the representation of the petitioner dated 10.02.2025 to remove unauthorized and illegal construction of sewage treatment plant in the place earmarked as park situated at Meenambal Avenue, Zone 3, Old Division NO.28, New Division No.27, Chennai and consequently direct the respondents to establish the sewing station as per the sanctioned approved area namely Seeyalan Street, Madhavaram, Chennai for sewage disposal facility (LS-06).
2.The learned counsel appearing for the petitioner would submit that 2/7
the petitioner is residing at No.72/1, Meenambal Salai, Vivekanandar Nagar, Kodungaiyur, Chennai and aggrieved by the illegal and unauthorized construction of a sewage treatment plant at Meenambal Avenue, Zone 3, Old Division No.28, New Division No.27, the petitioner sent a representation dated 10.02.2025 to the second respondent to remove the illegal construction of sewage treatment plant in the park area but it was ended in vein. Hence, the present writ petition has been filed. 3.The learned standing counsel appearing for the respondent Nos.4 & 5 submitted that she had received a written instructions from the Executive Engineer (P) dated 19.03.
2025 stating that as per the DPR, while carrying out lift station work in Seeyalan street, people had objected to the demolition of existing 60kl over head tank and construction of lift station in front of temple. The same issue has been raised in the monthly zonal meeting. After continuous follow ups, zone III chairman ward councilor 27 and zonal officer III had shown an alternative land in Meenambal Nagar in front of the park. After obtaining the concurrence from zone III chairman, the lift station work was commenced at Meenambal Nagar.
4.Heard the learned counsel appearing on either side and also 3/7
perused the materials available on records.
5.On perusal of the written instructions produced before this Court, it is noticed that after obtaining concurrence from the official, the lift station work was commenced at Meenambal Nagar. For better appreciation, the written instructions of the Executive Engineer (P) dated 19.03.2025 is reproduced hereunder:
"As per the DPR, while carrying out lift station work in Seeyalan street, people had objected to the demolition of existing 60kl over head tank and construction of lift station in front of temple. The same issue has been raised in the monthly zonal meeting. After continuous follow ups, zone III chairman ward councilor 27 and zonal officer III had shown an alternative land in Meenambal Nagar in front of the park. After obtaining the concurrence from zone III chairman, the lift station work was commenced at Meenambal Nagar. Now the people residing in Meenambal Nagar are objecting the construction of lift station. On 1st March 2025 went to Meenambal Nagar to convince the public stating that, lift station will be on par with ground level, odour control will be fixed with noise controller. But the public are not co-operating to construct the lift station. At present, 1st life kerb concrete completed. At this stage, objection had come from Meenambal Nagar.
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In spite of the meeting with the public, case has been filed in the Hon'ble High Court to issue interim injunction restraining the respondents from Construction of Sewage Lift Station.
However, CMWSSB will closely follow GCC to identify an alternate land for construction of lift station." 6.In view of the above, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. Speaking (or) Non Speaking Order Index : Yes/ No 19.03.2025 sms To 1 The District Collector Collectorate Buildings Chennai 2 The Commissioner Corporation Of Chennai Ripon Buildings Chennai-600 003 3 The Assistant Executive Engi Neer Corporation Zone Iv, Unit 9 Krishnamurthy Salai Kodungaiyur Chennai- 600 118 4 The Managing Director, Chennai Metropolitan Water Supply and Sewage Board, 1, Pumping Station Road, 5/7
Chintadripet, Chennai.
5 The Area Engineer, No.1, Perumal Koil Street, Madhavaram, Chennai.
J.SATHYA NARAYANA PRASAD, J.
sms 6/7
and WMP.No.8581 of 2025 19.03.2025 7/7