Visalatchi Nagar- Madha Nagar v. The Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2023
CORAM
MR.JUSTICE N.SESHASAYEE Visalatchi Nagar-Madha Nagar, Kudiyiruppor Nala Sangam (Reg.No.614/2016) No.1-506, APS Garden, Visalatchi Nagar, Kovur, Chennai-600 128 rep. by its President Mr.R.Saravanaraj ... Petitioner Vs.
1.The Chief Secretary to Government of Tamilnadu, Secretariat, Fort St.George, Chennai-600099.
2.The Principal Secretary to the Government, Rural Development and panchayat Raj Department, Secretariat, Fort St.George, Chennai-600009.
3.The Principal Secretary to the Government, Public Works Department, Secretariat, Fort St.George, Chennai-600009.
4.The District Collector, Kancheepuram, Kancheepuram District.
5.The Commissioner/Block Development Officer, Kundrathur Panchayat Union, Kundrathur @Padappai 1/6
6.Kovur Grade-I Village Panchayat, Represented by its President, Kovur, Chennai-600 128.
... Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of India, for issuance of a writ of Mandamus, directing the respondents to consider the representation of the petitioner's association dated 08.08.2022 and comply the demands set out in its representation within a time limit to be stipulated by this Court.
For Petitioner : Mr.P.Mohanraj For Respondents : Mr.V.Manoharan Additional Government Pleader for R1 to R4 Mr.K.Tamilvendan Government Advocate for R5 and R6
ORDER
By consent, this writ petition is taken up for final disposal at the admission stage itself.
2.The petitioner herein are the members of a certain residential association and they have got a list of grievances which are directed against their local 2/6
bodies, the respondents 5 and 6. They include: (i)To lay road in a wide manner, i.e., 1.2 Km Road as shown in Kovur Village Map.
(ii) To provide overhead tank in their area.
(iii) To provide water connection to their houses. (iv) To provide storm water drain/water canal. (v)To provide proper street lights.
(vi) To install camera in important location in their area. (vii) To provide library room.
(viii) To provide play ground and park to children. 3.The Panchayat has responded that it does not have adequate financial support to provide the above facilities.
4.Mr.V.Manoharan, the learned Additional Government Pleader takes notice for respondents 1 to 4, and Mr.K.Tamilvendan, the learned Government Advocate takes notice for respondents 5 and 6. 3/6
5.Neither the local body nor the Government can escape certain plights of the citizens. The right to access and the right to have drinking facilities are fundamental rights intimately associated with right to life under Article 21 of the Constitution of India. Having said that, since the matter has financial implication, this Court directs respondents 2 and 4 to attend to the difficulties faced by the petitioner association in this regard and strive to wipe away their agony and tears at the earliest. This Court is now constrained to inform the petitioner that it can do no more for the present. 6.The writ petition stands disposed of accordingly. No costs. 15.09.2023 Anu Index : Yes / No To.
1.The Chief Secretary to Government of Tamilnadu, Secretariat, Fort St.George, Chennai-600099.
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2.The Principal Secretary to the Government, Rural Development and panchayat Raj Department, Secretariat, Fort St.George, Chennai-600009.
3.The Principal Secretary to the Government, Public Works Department, Secretariat, Fort St.George, Chennai-600009.
4.The District Collector, Kancheepuram, Kancheepuram District.
5.The Commissioner/Block Development Officer, Kundrathur Panchayat Union, Kundrathur @Padappai 6.Kovur Grade-I Village Panchayat, Represented by its President, Kovur, Chennai-600 128.
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N.SESHASAYEE, J.
Anu 15.09.2023 6/6