R.Chandrasekar, v. The Superintending Engineer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2015 Coram The Hon'ble Mr.Justice T.S. SIVAGNANAM W.P.No.34500 of 2015 R.Chandrasekar .. Petitioner Vs

1. The Superintending Engineer, (SWM, Public Health and Mech.) Rippon Buildings, Chennai 600 003

2. The Superintending Engineer, No.1, Dr.Radhakrishnan Salai, Kailasapuram, Mylapore, Chennai 600 004 .. Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying to issue Writ of mandamus directing the second respondent to consider the representation of the petitioner dated 13.08.2015 and to provide for a larger dustbin or shift the place of the dustbin to another place.

For petitioner . Mrs.T.Shyamala Chandrasekar For Respondents . Mr.P.V.Selvakumar

O R D E R

By consent of the learned counsel on either side, the writ petition is taken up for final disposal.

2. Heard Mrs.T.Shyamala Chandrasekar, learned Counsel appearing for the petitioner and Mr.P.V.Selvakumar, learned Counsel appearing for the respondents.

3. The petitioner who is a resident of Papanasam Sivan Road, Pidari Koil Street, Mylapore, Chennai, has come before this Court for compelling the respondents to do their civic duties.

4. All that the petitioner wants is to keep the road clean. In fact, the petitioner appears to be satisfied, if a larger dustbin be

placed in the road and all the debris is put inside the dustbin and periodically cleaned. The petitioner himself is a victim of 'dengue' and he is suffering on account of improper maintenance of the road by the respondent Corporation.

5. The learned standing Counsel appearing for the respondent Corporation points out from the photographs filed in the typed set of papers that there is no dustbin in the road but only a three wheeler dustbin cart.

6. However, the photographs produced before this Court would show that garbage is strewn all over the entire street. It is to be pointed that Street has been named after an illustrious person 'Papanasam Sivan'. The respondent Corporation have to be reminded about their civic duties and it is a sorry state of affairs that a resident of an area has to approach this Court, with a request to provide dustbin and keep the street clean.

7. In the light of the above, there will be a direction to the second respondent to immediately depute a Senior Officer to inspect the said area and thereafter issue an appropriate direction to clean the entire road and place larger dustbins and ensure that the dustbins are cleared everyday. The above direction made should be scrupulously followed and the second respondent shall conduct surprise checks through his Officers to ensure that the direction is complied with, in the event of default, the second respondent will be hauled up for contempt.

The Writ Petition is disposed of on the above terms. No costs. Srn/rpa Sd/- Assistant Registrar (C.O) /True Copy/ Sub-Assistant Registrar To

1. The Superintending Engineer, (SWM, Public Health and Mech.) Rippon Buildings, Chennai 600 003

2. The Superintending Engineer, No.1, Dr.Radhakrishnan Salai, Kailasapuram, Mylapore, Chennai 600 004 +1 C.C. To MR.S.Madhar khan, Advocate in SR.NO.61475 +1 C.C. To MR.P.V.Selvakumar, Advocate in SR.NO.61330 W.P. No.34500 of 2015 TM(CO) sd : 24/11/2015