P.Malathi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD P.Malathi
...Petitioner
-Vs1.The District Collector, District Collectorate Office, Ranipet District.
2.The Commissioner, Arcot Municipality, Arcot, Ranipet District.
3.The Commissioner, Municipal Administration & Water Supply Department, Public Health & Sanitation, Arcot, Ranipet District.
4.Selvi
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the 2nd and 3rd respondents to consider and dispose petitioner's representation dated 03.07.2023 requesting to take appropriate action against the 4th respondent within the time frame to be fixed by this Court, for allowing to flow her sewage and drainage waste over the public road endangering health and hazardous diseases to the petitioner and her nearby 1/6
residents and pass such further orders.
For Petitioner :
Mr.D.Thirumoorthy For R1 :
M/s.P.Aishwarya Government Advocate For R2 & R3 :
Mr.B.Anand, Standing Counsel
O R D E R
This writ petition has been filed for issuance of a Writ of Mandamus, directing the 2nd and 3rd respondents to consider and dispose of the petitioner's representation dated 03.07.2023 requesting to take appropriate action against the 4th respondent within the time frame to be fixed by this Court, for allowing her sewage and drainage waste to flow over the public road, endangering the health of the petitioner and her nearby residents with hazardous diseases.
2. The petitioner is a permanent resident of No.5, 4th Cross Street, Rajiv Gandhi Nagar, Kalputhur Village, Katpadi Taluk, Vellore District. She holds ownership of her property based on a Partition Deed dated 02.09.2009, registered as Document No.5271/2009 at the SRO Arcot, Ranipet District. The 4th Respondent, without obtaining necessary approval from the 2nd 2/6
Respondent, has illegally connected her sewage and drainage pipeline to the petitioner's drainage connection. Further, she has been dumping solid waste into the petitioner's drainage, causing frequent blockages and hardships.
3. Learned counsel appearing for the petitioner submits that despite multiple representations by the petitioner and her daughter requesting the authorities to take action, no steps have been taken to rectify the issue. The petition has been continuously followed up, but the inaction of the official respondents has worsened the situation, leading to severe inconvenience. Hence, the present writ petition is filed.
4. Learned Standing Counsel appearing for respondents 2 and 3 would submit that the representation of the petitioner dated 03.07.2023 would be considered on merits, in accordance with law within a time frame stipulated by this Court.
5. Heard both sides and perused the materials available on record.
6. Without going into the merits of the case, the 2nd respondent is directed to consider the representation of the petitioner dated 03.07.2023 3/6
after conducting a detailed enquiry by giving due notice to the petitioner as well as 4th respondent, affording an opportunity of personal hearing, taking into consideration all the relevant documents submitted by both parties in regard to the subject matter property, and pass appropriate orders on merits, in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. In the result, the writ petition stands disposed of with the above observation and direction. No costs.
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To 1.The District Collector, District Collectorate Office, Ranipet District.
2.The Commissioner, Arcot Municipality, Arcot, Ranipet District.
3.The Commissioner, Municipal Administration & Water Supply Department, Public Health & Sanitation, Arcot, Ranipet District.
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J.SATHYA NARAYANA PRASAD, J.
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