Sivamani.G v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.1589 of 2024 G.Sivamani ... Petitioner Vs 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Block Development Officer, Valliyur Union, 3.The Panchayat President, Therku Kerungulam Village, Valliyur Union, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 2 & 3 to consider and pass orders on the petitioner's representation dated 23.12.2023 requesting them not to connect the drainage/sewage to agriculture water channel (Malayankulam Marukal Odai) in front of the Hindu Middle School, Sanganapuram, Therku Karungulam Village, Tirunelveli District. 1/6

For Petitioner : Mr.K.Sankar For R1 : Mr.P.Thambidurai Government Advocate For R2 & R3 : Mr.D.Sasikumar Additional Government Pleader

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents 2 & 3 to consider and pass orders on the petitioner's representation, dated 23.12.2023 requesting them not to connect the drainage/sewage to agriculture water channel (Malayankulam Marukal Odai) in front of the Hindu Middle School, Sanganapuram, Therku Karungulam Village,

2. Heard Mr.K.Sankar, learned counsel appearing for the petitioner, Mr.P.Thambidurai, learned Government Advocate appearing for the first respondent and Mr.D.Sasikumar, learned Additional Government Pleader appearing for the respondents 2 & 3.

3. By consent, this writ petition is disposed of at the admission itself.

4. According to the petitioner, he is working as Correspondent in Hindu Middle School, Sanganapuram, Therku Karungulam Village, Tirunelveli 2/6

District. He is also involved in social activities and doing welfare measures to the needy people and in his village centre running water channel namely Malayankulam Marukal Odai and our village, more than 200 families are living, most of the families are doing agricultural activities by using the Malayankulam Marukal Odai and there is no other source for our village people using for agricultural purpose. In the above said odai from the northern side running Hindu Middle School, Southern side running Anganvadi Centre, Ration ship and school children are playing around the odai area. In these circumstances, western side of two street people without using proper drainage system and illegally trying to connect in the above said odai.

If they connected the same, the entire villagers and cattle will be affected and also health issues to the school children, anganvadi children. The petitioner approached the third respondent Panchayat office in person to take appropriate action in the above said illegal act of the two street people to stop the drainage water connection in the above said odai but, the third respondent has not taken any action in his genuine request, therefore, he sent a representation to the respondents on 23.12.2023 through registered posts. But the respondents 2 & 3 are not taken any appropriate steps to stop the illegal drainage water connection and his representation put into cold storage. Hence, the petitioner has filed the present writ petition.

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5. The learned Additional Government Pleader appearing for the respondents 2 & 3 would submit that already notice has been issued to all the persons, who are living in the said street stating that they should not discharge of their household waste water on the public road and directed them to set up sump pit in their house and release the sewage. If they are violating the same, legal action will be taken against them.

6. In view of the above, the respondents are directed to take appropriate action for drainage to enable the parties to let the sewage water and they should not allow the street people to let the sewage water in the Odai.

7. Accordingly, this writ petition is disposed of. No costs. 29.01.2024 Index : Yes/No Internet: Yes/No am 4/6

To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Block Development Officer, Valliyur Union, 3.The Panchayat President, Therku Kerungulam Village, Valliyur Union, 5/6

V.BHAVANI SUBBAROYAN, J.

am W.P(MD)No.1589 of 2024 29.01.2024 6/6