Madras High CourtWP/24830/2015disposed of

M.S.Subbarayan v. The Districit Collector

2015-08-12Honourable The Chief Justice,Honourable Mr Justice T. S. Sivagnanam3 pages

In the High Court of Judicature at Madras Dated: 12.08.2015 Coram:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice T.S.SIVAGNANAM Writ Petition No.24830 of 2015 M.S. Subbarayan .. Petitioner vs.

1. The District Collector Office of District Collector Namakkal.

2. The Revenue Divisional Officer Thiruchengode.

3. The Tasildhar Thiruchengode.

4. The Block Development Officer Elachipalayam Panchayat Union Elachipalayam, Thiruchengode Taluk Namakkal District.

5. The President Periyamanali Panchayat Panchayat Union Elachipalayam Periyamanali Post 637 410 Thiruchengode Taluk, Namakkal District.

6. Paramasivam

7. Ponnammal

8. Sadhasivam

9. Chinna Gounder

10. Mani (Teacher)

11. Suseela(Teacher)

12. Kaliyammal

13. Kannammal

14. Saradha Mani(Retr.Teacher)

15. Ponni .. Respondents ---

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing respondents 1 to 5 to close the dilapidated Well at S.No.289/3, Periyamanali Panchayat, Elachipalayam Panchayat Union, Thiruchengode Taluk, Namakkal District and reconstruct the 20 feet width road portion in S.No.289/1 which was slided into the dilapidated Well, for safe, smooth transport of the Public within the time which may be stipulated by this Honourable Court.

--- For Petitioner : Ms. G. Devi For Respondents : Mr. V.R. Kamalanathan Addl. Govt. Pleader for R1 to R5 ---

O R D E R

(Made by The Hon'ble The Chief Justice) The petitioner has been compelled to approach this Court in a public interest litigation on account of inaction on the part of the respondents-authorities, despite knowing the ground reality in respect of the request for closing down an old and dilapidated well next to a road, causing danger to public and vehicles.

2. The photographs annexed to the petition leave no manner of doubt that there is every possibility of somebody falling into the well or a wheel of a vehicle on the road slipping into the open well. Some preventive measures have been taken at the site by extending temporary pillars, but the simple act of closing the well has not been completed.

3. The Local Panchayat also took steps, including moving under Section 133 of the Code of Criminal Procedure, for nuisance being caused and despite the direction of the Collector dated 23.05.2015 and the consequent letter issued by the Block Development Officer dated 12.06.2015, nothing seems to have happened.

4. We must express our displeasure on the failure of the authorities to remove the nuisance and take remedial action. The closing of a well is not such a complicated task, as should have taken months with only letters written from one Officer to another, but no ground level action.

5. We are of the view that there is, thus, no option, but to direct the first respondent to take necessary action for removal of the nuisance, after notice to all concerned within a period of one month from the date of receipt of a copy of this order.

6. The writ petition accordingly stands disposed of. No costs. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar To,