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Madras High CourtWP/6866/2020disposed of

Press Colony Sri Balaji Gardens Kudiyerupor v. The Executive Officer

2021-04-08Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.6866 of 2020 and W.M.P.No.8182 of 2020 Press Colony Sri Balaji Gardens Kudiyerupor Murpoku Nala Sangam, No.338, Sri Balaji Gardens, Press Colony Post, Coimbatore - 641 019 represented by the Vice President K.Mahadevan

...Petitioner

Vs 1.The Executive Officer, No.4, Veerapandi Town Panchayat, Coimbatore - 641 019.

2.The Assistant Director of Town Panchayat, Collectorate, Coimbatore District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents from connecting the sewerage to the Rainwater Harvesting Tank as requested in the representation dated 04.03.2020. For Petitioner : Mr.M.Devaraj For R1 & R2 : Mr.P.Chinnadurai, AGP

ORDER

According to the petitioner Association, the 1st respondent is constructing the sewerage line for the Srinivasa Nagar, which is almost completed and is now attempting to connect the said line to the storm water drain of the Sri Balaji Garden, which would cause great incovenience and hardship to the members of the petitioner Association. Hence, they made a representation dated 04.03.2020 to the first respondent requesting not to link the sewerage line to the storm water drain of Sri Balaji Gardens. Finding no response on the said representation, the petitioner has come up with this writ petition for a mandamus, https://hcservices.ecourts.gov.in/hcservices/

forbearing the respondents from connecting the sewerage to the Rainwater harvesting Tank 2.Heard both sides and perused the materials placed before this Court.

3.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the 1st respondent to consider the petitioner's representation dated 04.03.2020, if not already considered, and pass appropriate orders, on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

4.This Writ Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar mtl To 1.The Executive Officer, No.4, Veerapandi Town Panchayat, Coimbatore - 641 019.

2.The Assistant Director of Town Panchayat, Collectorate, Coimbatore District.

+1 CC to Mr.M.Devaraj, Advocate sr 22324.

+1 CC to The Government Pleader sr 22478.

W.P.No.6866 of 2020 MG(CO) SP(08/07/2021) https://hcservices.ecourts.gov.in/hcservices/