R.Rajesh v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.6215 of 2020 and W.M.P(MD)No.5423 of 2020 R.Rajesh ... Petitioner Vs.
1 The District Collector, Kanyakumari District at Nagercoil.
2 The Tashildar Tiruvattur Taluk, Thiruvattar, 3 The Deputy Director of Public Health, Krishnankoil, Nagercoil, Kanyakumari District 4 The Block Development Officer, Thiruvattar Panchayat Union Thiruvattar, 5 The Health Inspector, Primary Health Centre, Kanannoor , Meikkanmandam Post,
6 The President, Kumarankudi Village Panchayat, Kalkulam Taluk, 7 Sundar Raj ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1-5 to remove the unauthorized Cesspool put up by the 7th respondent at Survey No.466/16, Veyannoor 'A' Village, Thiruvattar Taluk No.7/60A, Vadakkukaislavilai, Zion Malai, Meikkamandapam and post Kanyakumari District -629166, which is adjoining to the western side compound wall of the house property of the petitioner and causing nuisance and health hazard to the family members and local inhabitants.
For Petitioner :Mr.C.K.M.Appaji For R-1 to R-6 :Mr.T.Amjad Khan, Government Advocate
O R D E R
[Order of the Court was made by D.KRISHNAKUMAR, J.] The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 5, to remove the unauthorized Cesspool put up by the 7th respondent at Survey No.466/16, Veyannoor 'A' Village, Thiruvattar Taluk No.7/60A, Vadakkukaislavilai, Zion Malai, Meikkamandapam and post
Kanyakumari District -629166, which is adjoining to the western side compound wall of the house property of the petitioner and causing nuisance and health hazard to the family members and local inhabitants.
2. According to the petitioner, the seventh respondent has digged a Cesspool adjoining the western side wall of the petitioner's house, which is causing nuisance and health hazard to the petitioner's family members and local inhabitants. In this regard, the petitioner has made a representation to the respondents 1 to 6, seeking to take necessary action. Since the said representation has not been considered, the petitioner has filed this writ petition with the aforesaid prayer.
3. In view of the above, without going into the merits of the case, we direct the respondents 2 and 4, to consider the petitioner's representation, dated 02.05.2020, and pass appropriate orders, on merit and in accordance with law, after providing opportunity to the petitioner as well as the seventh respondent. Such exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.
4. With the above direction, this writ petition stands disposed of. No Costs. Consequently, connected Miscellaneous Petition is closed.
[D.K.K., J.] [R.V., J.] 13.03.2024 Index :
Yes / No PM To:
1 The District Collector, Kanyakumari District at Nagercoil.
2 The Tashildar Tiruvattur Taluk, Thiruvattar, 3 The Deputy Director of Public Health, Krishnankoil, Nagercoil, Kanyakumari District 4 The Block Development Officer, Thiruvattar Panchayat Union Thiruvattar, Kanyakumari District. 5 The Health Inspector, Primary Health Centre, Kanannoor, Meikkanmandam Post, 6 The President, Kumarankudi Village Panchayat, Kalkulam Taluk,
D.KRISHNAKUMAR , J.
and R.VIJAYAKUMAR, J.
PM W.P.(MD)No.6215 of 2020 13.03.2024