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Madras High CourtWP/26961/2022disposed of

G.Shanmugam v. The Additional Chief Secretary To Government

2024-04-17Honourable The Chief Justice,Honourable Mr Justice J.Sathya Narayana Prasad5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD G.Shanmugam ..

Petitioner Vs.

1. The Additional Chief Secretary to Government Municipal Administration and Water Supply Department TWAD Board Chennai 600 009.

2. The District Collector Collectorate, Kellys Road Navalpur, Ranipet 632 401.

3. The Block Development Officer BDO Office Walaja, Thirumalai Nagar Ranipet District Waljapet, Tamil Nadu 632 513.

4. The District Panchayat Secretary/ District Planning Officer No.5/349, 2nd Cross St Bharathi Nagar Extension Ranipet 632 401.

..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to consider the petitioner's representations dated 26.09.2022 and 30.09.2022 and consequently, direct the 3rd respondent to demolish and properly construct the sewage drain canal by digging trench to depth so as to enable flow of the drainage from the households. For the Petitioner : Mr.M.Karthikeyan For the Respondents : Mr.A.Edwin Prabakar State Government Pleader Assisted by Mr.K.Karthik Jegannath Government Advocate for Respondents 1 & 2 Mr.P.Harish Government Advocate for Respondent-3

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.M.Karthikeyan, learned counsel for the petitioner, Mr.A.Edwin Prabakar, learned State Government Pleader, assisted by Mr.K.Karthik Jegannath, learned Government Advocate for the respondents 1 and 2 and Mr.P.Harish, learned Government Advocate for the third respondent.

2. A direction is sought to demolish and properly construct the

sewage canal.

3. It is submitted by learned counsel for the petitioner that the same is constructed on road.

4. Learned State Government Pleader, on instructions, submits that the said sewage drain canal was wrongly constructed and the contractor has assured that within four months, the same would be demolished and re-constructed properly.

5. The above statement is accepted. In view of the said statement, the writ petition is disposed of. If the said construction is not rectified, as undertaken by the respondents, then, the petitioner may agitate afresh. There shall be no order as to costs. Consequently, W.M.P.No.26172 of 2022 is closed. (S.V.G., CJ.) (J.S.N.P., J.) 17.04.2024 Index :

Yes/No :

Yes/No kpl

To

1. The Additional Chief Secretary to Government Municipal Administration and Water Supply Department TWAD Board Chennai 600 009.

2. The District Collector Collectorate, Kellys Road Navalpur, Ranipet 632 401.

3. The Block Development Officer BDO Office Walaja, Thirumalai Nagar Ranipet District Waljapet, Tamil Nadu 632 513.

4. The District Panchayat Secretary/ District Planning Officer No.5/349, 2nd Cross St Bharathi Nagar Extension Ranipet 632 401.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J (kpl) 17.04.2024