Marimuthu v. The Commissioner Of Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.23195 of 2023 Marimuthu

...Petitioner

Vs.

1.The Commissioner of Corporation Rippon Buildings Park Town, Chennai 600 003.

2.The Zonal Officer The Greater Chennai Corporation Zone-15, Rajiv Gandhi Salai Chennai 600 119.

3.Divisional Officer Corporation of Chennai Zone-15, VOC Street, Injambakkam Chennai 600 115.

4.Murugesan

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 herein, to 1/4

remove the petitioner and his family from the unhealthy and polluted environment.

For Petitioner : Mr.G.Thiyagarajan For Respondents : Mr.E.C.Ramesh Standing Counsel (GCC)

O R D E R

The Writ Petition is filed seeking a direction to the respondents 1 to 3 to remove the blockage at Poompuhar Street, Injambakkam, Chennai.

2. It is the case of the petitioner that he is having a house at 3/11, Gangai Amman Kovil Street, Vettuvanukani, Chennai- 600 115. A rain water harvesting canal is laid from Rajiv Gandhi Salai, Sholinganallur, ECR, Chennai to Sea Bay of Bengal and the same is blocked by the fourth respondent. Therefore, the rain water as well as sewage water passing through that canal got blocked causing health hazards. The petitioner submitted several representations to the respondents in this regard and the same have not been considered. Ultimately, the petitioner issued a lawyer notice on 23.03.2023 to the respondents requesting them to take necessary action for removal of the blockage in the channel.

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3. The learned counsel for the petitioner submitted that in spite of legal notice issued by the petitioner, the respondents have not taken any action for removal of the blockage. The learned counsel for the petitioner submitted that overflowing of sewage water is causing health hazard to the residents.

4. The petitioner has not produced any documents to show that he submitted a written representation to the respondents in this regard. Therefore, the petitioner is directed to submit a fresh representation to the second respondent within a period of two weeks from the date of receipt of copy of this order. Thereafter, the second respondent is directed to consider the representation of the petitioner and pass final orders on merits and in accordance with law after issuing notice to the fourth respondent within a period of four weeks from the date of submission of the representation by the petitioner.

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S.SOUNTHAR , J.

dna

5. With the above direction, this Writ Petition is disposed of. No costs.

08.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dna To 1.The Commissioner of Corporation Rippon Buildings Park Town, Chennai 600 003.

2.The Zonal Officer The Greater Chennai Corporation Zone-15, Rajiv Gandhi Salai Chennai 600 119.

3.Divisional Officer Corporation of Chennai Zone-15, VOC Street, Injambakkam Chennai 600 115.

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