D.Arun v. The Commissioner

2025:MHC:773

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-02-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. D.Arun Plot No.45,14th Street, J.B.Estate, AVADI, Chennai 600 054 Appellant(s) Vs

1. The Commissioner Municipal office, Avadi, Chennai 600 054 Respondent(s) PRAYER To set aside the order passed in WP.No. 7850 of 2020 Dated 02.03.2023 For Appellant For Respondent(s):

Mr.D.Arun (Party-in-Person) Mr.R.A.Gopinath Sc For Sole Respondent

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The order dated 02.03.2023 passed in W.P.No.7850 of 2020 is under challenge in the present Intra-Court Appeal.

2. The appellant, appearing in person, would submit that the respondent Corporation is collecting taxes, but not undertaking any cleaning of sewage or drainage in that locality. The learned Single judge dismissed the writ petition on the ground that it was the presumption of the appellant.

3. The appellant has now produced photographs which would reveal that the cleaning activities are not properly carried out by the Corporation authorities.

4. Maintenance of clean environment is the duty mandated to the Corporation Authorities. Protection of health of the residents is of paramount importance, as the health is an integral part of Article 21 of the Constitution of

India.

5. The Corporation has to perform its duties efficiently so as to ensure that sewage, drainage and garbages on roads are collected punctually, and the public roads in the area are maintained cleanly. The appellant has filed the petition out of frustration, since the corporation authorities have failed even to clean the sewage and drainage in that locality. The complaints received from various quarters, in this regard must be attended by the Corporation authorities strictly and ensure that cleaning is done forthwith without causing any undue delay.

6. In this regard, the Commissioner of Avadi Corporation is directed to ensure that the cleanliness is maintained on Corporation-maintained public roads, so as to protect the health of the residents residing in that locality. The Commissioner is directed to issue all suitable instructions to the Subordinate Officials to maintain cleanliness and, in the event of failure, initiate appropriate disciplinary actions against the officials for their lapses, dereliction of duty and

negligence, if any, under the Service Rules.

7. With the above directions, the Writ Appeal stands disposed of. There shall be no order as to costs.

(S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 19-02-2025 Jeni Index:Yes/No Speaking/Non-speaking order Internet:Yes

To The Commissioner Municipal office, Avadi, Chennai 600 054

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

Jeni 19-02-2025