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Madras High CourtWP/36427/2023disposed of

S.Sankar v. The District Collector

2025-07-24Honourable Mrs.Justice N. Mala5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2025 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN S.Sankar .. Petitioner vs 1.

The District Collector, The District Collector Office, Thiruvarur.

2.

The Tahsildar, The Tahsildar Office, Thiruthuraipoondi.

3.

The Deputy Director, The Department of Public Health, The Department of Public Health office, Thiruthuraipoondi.

4.

The Health Inspector, The Primary Health Care Centre, Alathampadi, Thiruthuraipoondi.

5.

The District Health Supervisor, The Primary Health Care Centre, Alathampadi, Thiruthuraipoondi.

6.

R.Ramamurthy .. Respondents Page Nos.1/5

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 5th respondent to take action in the proceedings made in O.MU.No.7692/2023/A2 dated 27.06.2023 by the 1st respondent and Na.Ka.No.2905/A5/2023 dated 06.06.2023 by the 3rd respondent and further direction the 5th respondent order for removal of Septic Tank situated in the 6th respondent place by violating the provisions of the Tamil Nadu Public Health Act, 1939. For Petitioner : Mr.D.Padmanabhan For Respondents : Mr.L.S.M.Hasan Fizal Additional Government Pleader for R1 and R2 Mr.K.Tippusulthan Government Advocate for R3 to R5

O R D E R

By an order dated 24.07.2025, The Honourable Mrs.Justice N.Mala, directed the Tahsildar, Thiruthuraipoondi, to remove the Septic Tank constructed near the petitioner's Well. She had granted the second respondent eight weeks time to remove the same.

2. When the matter came up before this Court on 17.10.2025, it was reported by Mr.L.S.M.Hasan Fizal, Additional Government Pleader for respondents 1 and 2 that the Septic Tank is not yet been removed, Page Nos.2/5

despite the order of this Court. Hence, I called upon the second respondent to comply with the order and file an affidavit in compliance. The second respondent has filed an affidavit stating that on account of holding of Government Special Camp and North-East Monsoon, the order could not be complied with immediately. 3.Mrs.Parameshwari, Tahsildar, Thiruthuraipoondi, has also pointed out that the copy of the order was received by the Tahsildar Office only on 19.09.2025. She has stated that delay in removal is on account of the aforesaid reasons. Though the reasons are not tenable, as the Tahsildar has removed the Septic Tank on 18.10.2025, I record the compliance. The Writ Petition is closed. The presence of the second respondent is dispensed with.

24.10.2025 ms Page Nos.3/5

To 1.

The District Collector, The District Collector Office, Thiruvarur.

2.

The Tahsildar, The Tahsildar Office, Thiruthuraipoondi.

3.

The Deputy Director, The Department of Public Health, The Department of Public Health office, Thiruthuraipoondi.

4.

The Health Inspector, The Primary Health Care Centre, Alathampadi, Thiruthuraipoondi.

5.

The District Health Supervisor, The Primary Health Care Centre, Alathampadi, Thiruthuraipoondi.

Page Nos.4/5

V. LAKSHMINARAYANAN, J.

ms 24.10.2025 Page Nos.5/5