M.Srinivasan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.23515 of 2023 M.Srinivasan

...Petitioner

Vs.

1.The District Collector Krishnagiri 2.The Sub Collector Hosur.

3.The Commissioner Hosur Corporation Hosur.

4.The Sanitary Officer, Hosur Corporation, Hosur, Krishnagiri District 5.Noah Santhaseelan 6.Joseline Rajammal

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to prevent sewage pipelines in S.No.142/1, Mookandapalli based on the representation dated 02.05.2023.

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For Petitioner : Mr.S.C.Vishwanth For Respondents : Mrs.S.Anitha for R1 to R4 Special Government Pleader.

O R D E R

The petitioner herein seeks a direction to the third respondent to consider his representation dated 02.05.2023 and take necessary steps to remove sewage blockage created by the respondents 5 and 6.

2. According to the petitioner, he is a resident of No.1/490, Mahalakshmi Nilayam, 7th Cross Pojaiamman Kovil Street, Mokkandapally, Sipcot, Hosur 635 109.

3. It is the specific case of the petitioner that neibhouring land owners encroached upon the common pathway and removed the sewage lines. It is also stated that as they partially removed sewage pipelines, there is a leakage and stagnation of sewage water in the residential area. Therefore, the petitioner submitted a representation to the respondents 1 to 3 dated 02.05.2023 seeking their intervention for removal of illegal encroachment and removal of obstruction in the sewage line. The said representation has not been considered so far.

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4. Mrs.S.Anitha, learned Special Government pleader takes notice for the respondents 1 to 4.

5. The learned counsel for the petitioner submitted that due to the illegal encroachment of the respondents 5 and 6, the sewage line got blocked and sewage water entered into the residential locality and causing health hazards in the locality.

6. The main grievance of the petitioner is that he submitted a representation to the respondents 1 to 3 on 02.05.2023. The said representation has not been considered and no action has been taken for removal of the sewage blockage. In such circumstances, without expressing any opinion on the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the third respondent to consider the representation of the petitioner dated 02.05.2023 and pass final orders on merits and in accordance with law, after issuing notice to the respondents 5 & 6 within a period of six weeks from the date of receipt of copy of this order.

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S.SOUNTHAR , J.

dna

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

10.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dna To 1.The District Collector Krishnagiri 2.The Sub Collector Hosur.

3.The Commissioner Hosur Corporation Hosur.

4.The Sanitary Officer, Hosur Corporation, Hosur, Krishnagiri District.

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