G.Suresh v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2025

CORAM:

THE HON'BLE MRS.JUSTICE N.MALA W.P.No.25763 of 2025

1. G. Suresh

2. T. Ramesh

...Petitioners

Vs

1. The District Collector, District Collectorate Office,Namakkal District.

2. The District Revenue officer, Namakkal District.

3. The Revenue Divisional Officer, Tiruchengode, Namakkal District.

4. The Tahsildar, Taluk Office, Tirchengode, Namakkal District,

5. The Commissioner, Tiruchengode Municipality, Tiruchengode Taluk, Namakkal District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the fifth respondent to formulate and implement a comprehensive drainage system till the tail end of Suriyampalayam Eri in Tiruchengode Taluk, Namakkal District, by appointing technical experts to assess relevant factors including rainfall, 1/6

water discharge, slope, soil and health impact and to complete the stalled drainage work beyond T.S.No.20 of Tiruchengode Town, Tiruchengode Taluk, Namakkal District by considering petitioner's representation dated 05.05.2025 and pass orders.

For Petitioners : Mr.M. Guruprasad For Respondents : Mr. V. Manoharan Additional Government Pleader

ORDER

Mr.V. Manoharan, Additional Government Pleader takes notice for the respondents.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3.The petitioner's state that in the absence of proper drainage system in Tiruchengode Municipality, both rainwater and wastewater from the houses accumulated in the petitioners lands during the rainy season leading to severe water stagnation. The petitioner's states that the water stagnation posed serious health hazards to the residents of the area. 4.The petitioner's state that they approached the first respondent 2/6

seeking establishment of proper drainage and road system and that the fifth respondent also agreed, however subject to execution of gift/settlement of lands in favour of the Tiruchengode Municipality. As per the request of the 5th respondent, the gift settlement was executed on 21.01.2023, in favour of the fifth respondent for the formation of road and drainage system. The petitioner's also paid a sum of Rs.22,00,000/- under the Namakku Namae Thittam" on 07.12.2022, for the formation of road and drainage system. While so, the drainage was constructed in T.S.No.20. However, further extension of the drainage system beyond T.S.No.20, was obstructed by the southern side landowners resulting in the complete discontinuance of drainage construction.

The petitioner's state that due to severe water stagnation near the petitioner's lands breeding of mosquitoes increased posing serious health hazards to the residents of the area. Hence, the petitioners submitted a representation to the respondents on 05.05.2025, for immediate and urgent action for laying of proper drainage system, but the same did not evoke any response. Therefore, the petitioners have filed the above writ petition for the above said relief.

5. Though many grounds are raised in the writ petition, the learned 3/6

counsel for the petitioner's submitted that it would suffice if, this Court directs the respondents to consider the petitioner's representation dated 05.05.2025, within a time frame to be fixed by this Court.

6. Considering the limited relief sought for by the learned counsel for the petitioners, this Court without entering into the merits of the case, directs the fifth respondent to consider and pass orders on the petitioners representation dated 05.05.2025, on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

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

17.07.2025 Index:Yes/No Speaking order:Yes/No smn To.

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1.The District Collector,District Collectorate Office, Namakkal District.

2. The District Revenue officer, Namakkal District.

3. The Revenue Divisional Officer, Tiruchengode, Namakkal District.

4. The Tahsildar, Taluk Office,Tirchengode,Namakkal District,

5. The Commissioner,Tiruchengode Municipality, Tiruchengode Taluk, Namakkal District.

N.MALA,J.

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Smn W.P.No.25763 of 2025 17.07.2025 6/6