Kotta Goundampatti Vasantham v. The Chairman,Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2024 CORAM :
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ Kotta Goundampatti Vasantham Nagar T.N Veettu Vasanthi Variyam Veettu Urimaiyalargal Nala Sangam Regd as Society No.27/2017 rep by Secretary, P.Krishnan No.M-11-98, Vasantham Nagar TNHB Quarters, Kotta Goundanpatty Salem - 636 011.
.. Petitioner Vs 1 The Chairman Tamil Nadu Housing Board Anna Salai Nandanam Chennai - 600 015.
2 The Executive Engineer and Administrative Officer Tamil Nadu Housing Board Ayyan Thirumaligai Salem - 636 008.
3 The Block Development Officer Omalur Panchayat Union, Goundampalayam Panchayat Office Salem - 636 011.
4. The Chairman Tamil Nadu Urban Habitat Development Board No.5, Kamarajar Salai, Chepauk Chennai - 600 005.
..
Respondents [R4 impleaded vide order dated 18.8.2023] Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 and 2 to provide for the basic amenities of water supply and drainage by making adequate provisions to drain the accumulated sewerage alternate open park and play field and 40 feet approach road to Salem-Bangalore National Highways, for Kotta Goundanpatti Housing scheme (Vasantham Nagar), Omalur Taluk Salem District by considering the representations dated 17.05.2017, 22.06.2017 and 15.03.2018 within a stipulated time frame.
For the Petitioner : Ms.Elizabeth Ravi For the Respondents : Mr.D.Veerasekaran Standing Counsel for respondents 1 and 2 : Mr.M.Babu Muthu Meeran for 4th respondent : Mr.N.Inbanathan
for 3rd respondent
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) Heard Ms.Elizabeth Ravi, learned counsel for the petitioner; Mr.D.Veerasekaran, learned Standing Counsel for respondents 1 and 2; Mr.N.Inbanathan, learned counsel for the third respondent; and Mr.M.Babu Muthu Meeran, learned counsel for the fourth respondent.
2. The petitioner has filed this writ petition seeking issuance of a writ of mandamus to direct respondents 1 and 2 to provide the basic amenities of water supply and drainage by making adequate provisions to drain the accumulated sewerage, alternate open park and play field and 40 feet approach road to Salem-Bangalore National Highways, for Kotta Goundanpatti Housing scheme (Vasantham Nagar), Omalur Taluk, Salem District, by considering the representations dated 17.05.2017, 22.06.2017 and 15.03.2018.
3. The grievance of the petitioner is that, as per the layout plan, vacant areas were earmarked for the use of the general public, but the respondent/Board has put up constructions in the said area.
It is further stated that the drainage facilities are totally lacking.
4. Mr.D.Veerasekaran, learned Standing Counsel appearing on behalf of respondents 1 and 2, submits that an extent of 13,323.69 sq.m. of land earmarked as open space and for children's park has been handed over to the President of the Kottagoundampatty Panchayat, Omalur, on 1.7.2022.
5. From the submission made by learned Standing Counsel for respondents 1 and 2, it is clear that much water has flown since the filing of the writ petition. Recording the aforesaid submission, the writ petition is disposed of. If the petitioner/association has any other grievance, it is always open to them to approach the competent authority. There shall be no order as to costs. (R.M.D., ACJ.) (M.S.Q., J.) 05.06.2024 Index :
Yes/No NC :
Yes/No sasi
To:
1 The Chairman Tamil Nadu Housing Board Anna Salai Nandanam Chennai - 600 015.
2 The Executive Engineer and Administrative Officer Tamil Nadu Housing Board Ayyan Thirumaligai Salem - 636 008.
3 The Block Development Officer Omalur Panchayat Union, Goundampalayam Panchayat Office Salem - 636 011.
4. The Chairman Tamil Nadu Urban Habitat Development Board No.5, Kamarajar Salai, Chepauk Chennai - 600 005.
THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
(sasi) 05.06.2024