V.Yesodha Bai v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR & W.M.P.No.24492 of 2016 V.Yesodha Bai ... Petitioner Vs.
1.The District Collector Krishnagiri District Collectorate, Krishnagiri 2.The Administrative Engineer Tamil Nadu Water Supply and Drainage board Underground sewerage scheme 3.The Block Development Officer Office of the BDO, Krishnagiri 4.The Commissioner Krishnagri Municipality ... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarifed mandamus calling for the records
relating to the order of the 2nd respondent namely the Administrative Engineer, Tamil Nadu Water Supply and Drainage Board, underground Sewerage Scheme, Krishnagir dated 13.06.2015 in letter No.Ko.petition/Ea.Va.Aa/Pa.Sa.Thi/Ki.Kiri 2016 and quash the same consequently directing the respondents 1 to 4 to stop the diversion of the sewerage water through the channels run in the land of the petitioner in Survey No.20/2, Patta No.584, Devasamudiram village, Krishnagiri Taluk and District.
For Petitioner : Mr.N.E.A.Dinesh For Respondents : Mr.S.Rajesh, Govt. Advocate for R1, 3 and 4 Mrs.Mekala for R2
O R D E R
This writ petition has been filed to call for the records relating to the order of the 2nd respondent namely the Administrative Engineer, Tamil Nadu Water Supply and Drainage Board, underground Sewerage Scheme, dated 13.06.2015 in letter No.Ko.petition/Ea.Va.Aa/Pa.Sa.Thi/Ki.Kiri 2016 and quash the same consequently directing the respondents 1 to 4 to stop the diversion of the sewerage water through the channels run in the land of the petitioner in Survey No.20/2, Patta No.584, Devasamudiram village, Krishnagiri Taluk and District.
2. The only grievance of the petitioner is that the sewerage water is let in openly in agricultural land and it is not been pumped into the sewage centre.
3. The 2nd respondent has filed counter and in paragraphs 7,8,9 and 11 it is stated as follows:
"...
7. The respondent department has executed a scheme so as to collect all the sewage from Krishnagiri Municipality to the pumping station and treated with latest technologies and let out good quality of treated sewerage as per TNPCB norms to the standard for letting into water bodies. Hence, there is no question of land unfirt for cultivation and also there is no question of health problems.
8. Regarding ground d of the affidavit to Writ Petition it is submitted that the same is emphatically denied. The existing system under which the Krishnagirir Municipality is available only explained and government took action to stop this through UGSS (Under Ground Sewerage Scheme) at a cost of Rs.37.32 crores. Hence pollution of lake will be protected and avoiding health problem Sewerage water from 33 wards i.e 212 streets are not diverted
to Devasamuthiram village lake by the respondent.
9. Regarding grounds e of the affidavit to Writ Petition it is submitted that the same is emphatically denied. The respondent department has executed a scheme so as to collect all the sewage from Krishnagiri Municipality to the pumping station to treat with latest technologies and to let out good quality of treated sewage as per TNPCB norms to the standard for letting into water bodies. Hence there is no question of pollution of lake.
.......
11. Regarding grounds 6& 7 of the affidavit to Writ Petition it is submitted that the same is emphatically denied. The sewerage water collected from Krishnagiri Municipality has not been diverted by this respondent. The respondent department has executed a scheme so as to collect all the sewage from Krishnagiri Municipality to the pumping station and treated with latest technologies and let out good quality of treated sewerage to the standard for letting into water bodies as per TNPCB norms. Hence, there is no question of pollution loss and injury."
4. As the scheme has been implemented and water has been treated as per the norms of the TNPCB,no further directions will be issued in this
matter. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected Writ Miscellaneous Petition is closed. 11.01.2023 kpr Index:Yes/No Speaking/Non-speaking order To 1.The District Collector Krishnagiri District Collectorate, Krishnagiri 2.The Administrative Engineer Tamil Nadu Water Supply and Drainage board Underground sewerage scheme 3.The Block Development Officer Office of the BDO, Krishnagiri 4.The Commissioner Krishnagri Municipality
N. SATHISH KUMAR, J.
kpr & W.M.P.No.24492 of 2016 11.01.2023