G.Rajaganapathy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2025

CORAM:

THE HON'BLE MRS.JUSTICE N.MALA W.P.No.21962 of 2024 C. Rajaganapathy

...Petitioner

Vs

1. The District Collector, Collectorate,GST Road, Chengalpattu - 603 001.

2. The Secretary, Koyambedu Village Panchayat, KAttankalathur Block

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to cover the storm water drain in front of petitioner's house including frontage compound and throughout the street in the form of reinforced cement concrete, disconnect the illegal domestic sewage let out by the residents in the trench, clean the debris inside the trench, pay reasonable compensation for having constructed walkway in front of petitioner's house across the trench out of petitioner's pocket and pass orders. For Petitioner : Mr.G. Rajaganapathy For Respondent-1 : Mrs.C.Meera Arumugam,AGP For Respondent-2 :Dr. S. Suriya, AGP for M/s M.Jayanthy Additional Government Pleader 1/6

ORDER

This Writ Petition is filed seeking for a Mandamus directing the respondents to cover the storm water drain in front of petitioner's house including frontage compound and throughout the street in the form of reinforced cement concrete, disconnect the illegal domestic sewage out let made by the residents in the trench, clean the debris inside the trench and pay reasonable compensation to the petitioners for having constructed walkway in front of his house across the trench out of his pocket.

2. The petitioner party-in-person has filed the above writ petition for the aforesaid relief.

3. The petitioner states that on 26.09.2022, a trench was dug up throughout the 4th street in Kayarambedu Village, Chengalpattu District for constructing storm water cum sewerage drain without issuing notice to the residents of the area including the petitioner. The petitioner states that the said trench caused immense hardship to the residents of the area as their ingress and egress to their residence was obstructed. The petitioner further states that cement concrete wall was laid within the 2/6

trench and it was left open. Since the trench was left open it became a breeding ground for mosquitoes apart from polluting the air and ground water. Therefore, the petitioner submitted a representation to the respondents on 26.10.2022. Since, there was no response from the respondents, the petitioner was constrained to file the above writ petition for the above relief .

4. The petitioner submits that after filing of the writ petition the respondents closed the trench in front of the his property. The petitioner further submits that the respondent should be directed to close the trench in the entire street to maintain hygiene.

5. The learned counsel for the respondent submitted that the residents of the 4th street, in Kayarambedu Village, Chengalpattu District have unlawfully installed pipes in their compound walls so as to divert sewage waste into the storm water drain. He further submitted that the trench across the entire street could not be closed as it will affect flow of rain water.

6. Heard both sides and perused the materials available on record. 7.Admittedly during the pendency of the writ petition, the respondents closed the trench in front of the petitioner's house. 3/6

Therefore, there is no necessity to issue any direction to close the trench in front of the petitioner's house. The petitioner being dissatisfied with the closure of the trench only in front of his house, seeks a direction for closure of the trench across the entire street.

8. Indisputably, the trench is constructed for the purposes of draining storm water, and it is therefore neither necessary to close it, as its maintenance would be more convenient if it is left open. However, the respondent shall ensure that no illegal connections, are made for discharging the sewage into the said trench.

9. Accordingly, this writ petition is disposed of. However, there shall be no order as to costs.

21.07.2025 smn Index:Yes/No Speaking order:Yes/No 4/6

To.

1. The District Collector, Collectorate,GST Road, Chengalpattu - 603 001.

2. The Secretary, Koyambedu Village Panchayat, KAttankalathur Block 5/6

N.MALA,J.

Smn W.P.No.21962 of 2024 21.07.2025 6/6