N.Nalliyan S/O. Nallappa Gounder v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.17279 of 2019 and WMP.No.16816 of 2019 1.N.Nalliyan 2.N.Kalayarasi ... Petitioners Vs.

The Commissioner, Namakkal Municipality, Municipal Office, Tiruchengodu Road, Namakkal Town ... Respondent PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of mandamus directing the respondent herein to take immediate steps for formation of Pucca Underground drainage system facilitating discharge of drainage water of the Petitioners' houses bearing Door No.4/169, 4/169/1, 4/169/2, 4/169/3, 4/169/4, 4/169/5, 4/169/6, 4/169/7, 4/169/8, 4/169/9, 4/169/10, 4/169/11, 4/169/12, 4/169/13, till such formation, permit the petitioners herein to dig a pit beneath the earth of common pathway comprised in S.No.74/8A1, situate in Chinnamudhalaipatti village belonging to the Respondent Municipality so as to drain the drainage water into it, by considering the representation of the petitioners dated 25.05.2019.

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For Petitioners : Mr.R.Vivek For Respondent : Mr.M.Rajamathivanan, Standing Counsel

ORDER

This writ petition has been filed for direction to the respondent to take immediate steps for formation of Pucca Underground drainage system facilitating discharge of drainage water of the Petitioners' houses bearing Door No.4/169, 4/169/1, 4/169/2, 4/169/3, 4/169/4, 4/169/5, 4/169/6, 4/169/7, 4/169/8, 4/169/9, 4/169/10, 4/169/11, 4/169/12, 4/169/13 and till such formation, to permit the petitioners herein to dig a pit beneath the earth of common pathway comprised in S.No.74/8A1, situated in Chinnamudhalaipatti Village belonging to the respondent Municipality so as to drain the drainage water into it, by considering the representation of the petitioners dated 25.05.2019. 2.

The learned counsel for the petitioners would submit that the prayer sought for in this writ petition has become infructuous since the prayer in the writ petition has been granted. 3.

In view of the submission of the learned counsel for the 2/4

petitioners, this writ petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

09.09.2024 (2/2) Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To The Commissioner, Namakkal Municipality, Municipal Office, Tiruchengodu Road, Namakkal Town 09.09.2024 (2/2) 4/4