Jaisankar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2025

CORAM:

THE HONOURABLE MRs. JUSTICE N.MALA Jaisankar .. petitioner vs The Commissioner Hosur City Municipality Corporation Hosur Taluk, Krishnagiri District.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondent herein to take appropriate action to prevent the sewage water from entering into the land comprised in Town Survey No.37, Block-11, Ward-D, Hosur Town corresponding to Revenue Survey No.819/2P of Hosur Village and Taluk, Krishnagiri District by overflowing from the sewage channel and to remove the stagnate water from there by considering the representation dated 22.09.2023, within the time to be stipulated by this Court. 1/5

For Petitioner : Mr.V.Ayyappa Raja For Respondent : Mr.T.Balaji, Standing Counsel

O R D E R

This writ petition is filed to direct the respondent herein to take appropriate action, by preventing the sewage water from entering into the land comprised in Town Survey No.37, Block-11, Ward-D, Hosur Town corresponding to Revenue Survey No.819/2P of Hosur Village and Taluk, Krishnagiri District, on the basis of the petitioner's representation dated 22.09.2023.

2. The petitioner is the owner of the lands admeasuring an extent of 5 ares and 20 square meters in Town S.No.37, Block-11, Ward-D, Hosur Town, corresponding to Revenue Survey No.819/2P of Hosur Village and Taluk, Krishnagiri District. The said vacant land is classified as "Nanja" in the revenue record and stands registered in the petitioner's name. The petitioner states that he constructed his house by obtaining necessary approvals and permission from the concerned statutory authorities. The petitioner states that due to bad maintenance of the adjacent sewage channel, by the Hosur City Municipal Corporation, sewage water 2/5

overflowed into his patta land causing immense hardship to him. Therefore, the petitioner gave a representation to the respondent on 22.09.2023, however, no action was taken by the respondent. Hence, the petitioner filed the present writ petition.

3. The learned standing counsel appearing for the respondent submits that the petitioner may be directed to submit a fresh representation and that it would be considered on merits.

4. Heard the learned counsel for the petitioner and the learned Standing counsel for the respondent and perused the materials available on record. With consent of both sides, this writ petition is taken up for final disposal.

5. In view of the above facts and circumstances of the case and the submission made by the learned standing counsel for the respondent, this Court directs the petitioner to submit a fresh representation to the respondent, within a period of two weeks from the date of receipt of a copy of this Order. On receipt of such representation from the petitioner, the 3/5

respondent shall pass orders on merits and in accordance with law, within a period of eight weeks, thereof.

6. With the above direction, this writ petition is disposed of. No costs.

24.07.2025 Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh To The Commissioner Hosur City Municipality Corporation Hosur Taluk, Krishnagiri District.

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N. MALA , J.

tsh 24.07.2025 5/5