K.Thirumoorthy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.12.2019

CORAM

THE HONOURABLE MR. JUSTICE P.D.AUDIKESAVALU W.P.No.33451 of 2019 K.Thirumoorthy .. Petitioner ..Vs..

1.The District Collector, District Collectorate Office, Coimbatore - 641 105.

2.The Executive Officer, Madukkarai Special Grade Town Panchayat, Madukkarai, Coimbatore - 641 105.

3.Veluchami Gounder.

... Respondents PRAYER : Writ Petition Petition filed Under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the Second Respondent to give permission to the Petitioner to cover the remaining sewage drain, measuring about 50 feet length, at Bharathiyar Street, Madukkarai Market, within Madukkarai Town Panchayat, Coimbatore District, with cement concrete, at the cost and expense of the Petitioner, as requested by him in his representation dated 18.09.2019, within a reasonable time.

For Petitioner : Mr.A.E.Ravi Chandran For Respondent 1 : Mr.J.Purushothaman Government Advocate For Respondent 2 : Mr.K.S.Suresh

O R D E R

The Writ Petition has been filed for directing the Second Respondent to give permission to the Petitioner to cover the remaining sewage drain, measuring about 50 feet length, at Bharathiyar Street, Madukkarai Market, within Madukkarai Town Panchayat, Coimbatore District, with cement concrete, at the cost and expense of the Petitioner, as requested by him in his representation dated 18.09.2019, within a reasonable time. https://hcservices.ecourts.gov.in/hcservices/

2.

This Court during the earlier hearing on 29.11.2019, directed the First Respondent to inspect the property and file a report as to whether the residence has proper sewage line and permission to let the sewage in the public drainage, and if not, to take necessary steps to cover the drainage. 3.

The Second Respondent has filed Counter Affidavit dated 19.12.2019 in which it is stated that pursuant to the aforesaid order dated 29.11.2019, the First Respondent inspected the area at ward no. 11 Bharathiyar Street in Madukkarai Town Panchayat and has issued proceedings dated 10.12.2019, to put up covering slab over the drainage and based on the same, action has also been taken. Photographs have been produced before this Court to show that work has been completed in covering the drainage, which is recorded. In view of the aforesaid action, nothing survives for further adjudication in the present Writ Petition.

4.

Accordingly, the Writ Petition stands disposed. No costs.

Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar bkn/vjt To 1.The District Collector, District Collectorate Office, Coimbatore - 641 105.

2.The Executive Officer, Madukkarai Special Grade Town Panchayat, Madukkarai, Coimbatore - 641 105.

+1cc to Mr.A.E.Ravi Chandran, Advocate, SR.No. +1cc to Government Pleader, SR.No.10677.

W.P. No. 33451 of 2019 AD(CO) CSR: 06.02.2020 https://hcservices.ecourts.gov.in/hcservices/