Anbu Chezhian v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.11.2015
CORAM
THE HONOURABLE MR. JUSTICE M.M. SUNDRESH W.P. No. 37706 of 2015 & M.P.No. 1 of 2015 Anbu Chezhian ..
Petitioner Vs.
1.
The District Collector, Thiruvallur District, Thiruvallur.
2.
Executive Engineer, Tamilnadu Public Works Department, Thiruvallur District, Thiruvallur.
3.
The Director of Tamil Nadu, Panchayat, Kuralagam, Chennai - 108.
4.
The Chairman, Tamilnadu Slum Clearance Board, Kamaraj Salai, Chennai - 5.
..
Respondents Prayer:
Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the respondents to consider the request letters of the Executive officer dated 19.11.2015, 20.11.2015 & 21.11.2015, Thirunindravur Town Panchayat and remove the inundation of Ward Nos. 10, 11, 12 and 13 to secure the ends of justice. For Petitioner ::
Mr.R. Sankarasubbu For Respondents::
Mr.V. Subbiah, Special Govt. Pleader for R1 to 3 Mr.S. Prabhu for R4
O R D E R
The grievance of the petitioner is that due to heavy rain and flood, the area comprising Ward No.10, Kannikapuram, Ward No.11, Sudesi Nagar, Ward No.12, Muthamizh Nagar and Ward No.13, Periyar Nagar of Thiruninravur Town Panchayat, wherein more than 2000 families are residing, has been affected. According to the petitioner, though the flood protection wall and other related works were undertaken by Public Works Department pursuant to the order passed in G.O.Ms. No. 64, Housing and Urban Development (SC2(1)) Department dated 22.03.2010, only 50% of the work was completed and hence, the continued inundation. In this regard, the petitioner made an oral request on 18.11.2015 to the Executive Officer, Thiruninravur Town Panchayat to take appropriate steps to remove the stagnant water covering the aforesaid areas.
The Local Authority also, namely, the Executive Officer, Thiruninravur Town Panchayat, by communication dated 19.11.2015 directed the 2nd respondent to take immediate steps in this regard, which was followed by letters dated 20.11.2015 and 21.11.2015 to the 1st respondent. Despite the same, no action is forthcoming. Hence, the petitioner has come forward with the present writ petition. 2.
Considering the grievance of the petitioner and taking note of the facts narrated above, the 1st respondent is called upon to take appropriate action based on the letters sent by the Executive Officer, Thiruninravur Town Panchayat dated 20.11.2015 and 21.11.2015, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. Connected M.P. is closed.
Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar nv To 1.
The District Collector, Thiruvallur District, Thiruvallur.
2.
Executive Engineer, Tamilnadu Public Works Department, Thiruvallur District, Thiruvallur.
3.
The Director of Tamil Nadu, Panchayat, Kuralagam, Chennai - 108.
4.
The Chairman, Tamilnadu Slum Clearance Board, Kamaraj Salai, Chennai - 5.
+1 cc to M/s.S.Prabhu, Advocate, sr.64341 +1 cc to Special Government Pleader, sr.64118 +1 cc to Government Pleader, sr.64578 +1 cc to Mr.R.Sankarasubbu, Advocate, sr.64118 W.P. No. 37706 of 2015 gg co kra 07.12.2015