V.Jayaraman v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2022

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.NO.10876 OF 2022 V.Jayaraman ... Petitioner vs.

1. The District Collector, Namakkal District, Namakkal.

2. The Assistant Director of Town Panchayat, Salem Zone, Salem Collectorate Complex, Salem.

3. The Executive Officer, Mallasamudram Town Panchayat, Namakkal District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus, directing the 3rd respondent to provide sewage connection to the house of the petitioner, located at Ward No.1, Door No.19/1, Nandhavana Street, Mallasamudram 637 503, Namakkal District, by considering the representation of the petitioner dated 24.09.2021 within the time stipulated by this Court.

For Petitioner : M/s.N.Mohanapriya for Mr.E.P.Senniyangiri For R1 & R2 :

Mr.S.Jhon Raja Singh Addl.Govt.Pleader.

For R3 :

Mr.K.Surendran Addl.Govt.Pleader

ORDER

This writ petition has been filed by the petitioner to issue a Writ of Mandamus, directing the 3rd respondent to provide sewage connection to the house of the petitioner also by considering the representation of the petitioner dated 24.09.2021.

2. Today when the case was taken up for hearing, the learned Additional Government Pleader submits that the Executive Officer of Mallasamudram Town Panchayat, Namakkal District has filed a status report stating that the sewage connection over the patta land of one Murugesan who objected for the same cannot be granted.

3. Under these circumstances, the request of the petitioner cannot be considered and therefore the petitioner to make a septic tank in his land.

4. Considering the above, the writ petition is closed. However, the respondents are directed to frame a detail scheme / rule for providing drainage and sewage connection to area where there are no drainage facility and provide such connection under the provisions of the Tamil Nadu District Municipalities Act, 1920. This exercise shall be carried out by the respondents, within a period of six months from the date of receipt of a copy of this order. During the interregnum, it is open to the petitioner to construct the septic tank to meet out drainage/ sewage demand.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar kkd To

1. The District Collector, Namakkal District, Namakkal.

2. The Assistant Director of Town Panchayat, Salem Zone, Salem Collectorate Complex, Salem.

3. The Executive Officer, Mallasamudram Town Panchayat, Namakkal District.

+1cc to Mr.E.P.Senniyangiri, Advocate, S.R.No.36292 +1cc to Mr.K.Surendran, Advocate, S.R.No.36031 W.P.No.10876 of 2022 SV(CO) RLP(04/07/2022)