← Library
Madras High CourtWP/34493/2022disposed of

S.Subramani v. The Director

2023-01-04Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.34493 of 2022 & W.M.P.No.33945 of 2022 S.Subramani ... Petitioner Vs

1. The Director, Directorate of Town Panchayat, MRJ Nagar, R.A. Puram, Chennai - 600 028.

2. The District Collector, Erode District, Erode.

3. The Assistant Director, , Town Panchayats, Office of the District Collector, Erode.

4. Chennimalai Town Panchayat, Rep. by its Executive Officer, Chennimalai, Erode District.

.. Respondents Prayer:- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to extend the concrete cement sewage channel beyond the agricultural land of petitioner 1/5

in S.F.Nos.666/1.11,12,13,2,3,4,5,6,7,8,9 and 667/10,11,12,13,14,15,16,1C,1D,1E,1F,1G,1H,11,1J,1K,1M,1N,1P,IR,2,3, 4,5,6,7,8,9A, 9B in Chennaimalai Village of Perundurai Taluk in Erode District in order to ensure the livelihood of petitioner and the safety of his agricultural land and by considering the petitioner's representation dated 07.08.2022.

For Petitioner : Mr.N.Ponraj For Respondents : Mrs.R.Anitha, Special Government Pleader R1 to R3 Ms.Amirta Poongodi, for Mr.Dinakaran, Government Advocate - R4

ORDER

This Writ Petition has been filed to direct the respondents to extend the concrete cement sewage channel beyond the agricultural land of the petitioner in Chennaimalai Village of Perundurai Taluk in Erode District in order to ensure the livelihood of petitioner and safety of his agricultural land and by considering the petitioner's representation dated 07.08.2022. 2/5

2. The grievance of the petitioner is that the respondents are constructing concrete cement sewage channel so as to collect and drain the sewage water from Chennimalai Town Panchayat containing 15 wards, ottaparai Panchayat and Mugacipidariyur Panchayat. According to the plan, they decided to let the sewage water taken through channel in open near the land of the petitioner. Therefore, his grievance is that sewage water discharged by Chenniamalai Town Panchayat through its existing system is spoiling the petitioner's land. Hence, the present Writ Petition has been filed for the aforesaid relief.

3. The learned Government Advocate appearing for the first respondent filed a written instructions of the Executive officer wherein it is stated that sewage channel work is under way and about 600 meters work has already been completed and the sewage water will be let out in the Government Poromboke land and they have also instructed the authorities not to leave the sewage water into the private lands and have taken necessary steps to prevent entry of sewage water into the private lands. 3/5

4. In such view of the matter, the respondents are directed to ensure that the sewage water shall not flow in to the private lands and the sewage channel construction shall be extended beyond the petitioner's land.

5. With the above direction, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 04.01.2023 vrc To

1. The Director, Directorate of Town Panchayat, MRJ Nagar, R.A. Puram, Chennai - 600 028.

2. The District Collector, Erode District, Erode.

3. The Assistant Director, , Town Panchayats, Office of the District Collector, Erode.

4. Chennimalai Town Panchayat, Rep. by its Executive Officer, Chennimalai, Erode District.

4/5

N.SATHISH KUMAR, J.

vrc 04.01.2023 5/5