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Madras High CourtWP/42618/2016disposed of

Sowrirajan, v. The Commissioner

2016-12-05Honourable The Chief Justice,Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 5.12.2016

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.42618 of 2016 Sowrirajan .. Petitioner Vs

1. The Commissioner Mayiladuthurai Municipality Nagapattinam District.

2. The Executive Engineer Project Division, Thanjavur.

3. The Executive Engineer Project Division, Tiruvarur.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the 1st respondent to implement his order in his communication dated 26.02.2016 by directing him to remove manhole and underground drainage pipeline illegally put up in petitioner's vacant house site in Plot No.7, T.S. No.379/2, Ward No.1, Block No.14, Pattamangalam Village, Mayiladuturai Town and Taluk, Nagapattinam District with in a stipulate time.

For Petitioner : Mr.S.Sounthar For Respondents : Ms.Vasudha Thiyagarajan Addl. Govt. Pleader

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitioner seeks directions for removal of the manhole and the underground drainage pipeline laid on his private land in the year 2011.

2. The petitioner appears to have slept over the matter and the explanation given is that he was being assured by the respondents of necessary action.

3. In respect of the aforesaid, the last letter dated 24.2.2016 of the Appellate Authority-cum-Commissioner (incharge) of Mayiladuthurai Municipality also opines that, on field verification, it has been found so and that an alternative alignment to facilitate removal of the same is necessary. .

4. The learned Additional Government Pleaders states that the first respondent would be the authority which would have to take necessary action.

5. We, thus, direct the first respondent to look into the issue and take necessary action to remedy the problem within a maximum period of three months from the date of receipt of the order.

The petition, accordingly, stands disposed of. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sasi To:

1. The Commissioner Mayiladuthurai Municipality Nagapattinam District.

2. The Executive Engineer Project Division, Thanjavur.

3. The Executive Engineer Project Division, Tiruvarur.

+1cc to Mr.S.Sounthar, Advocate Sr.71770 +1cc to the Government Pleader sr.71644 W.P.No.42618 of 2016 nm[co] srg 14/12/2016