Mariya Retnam v. The Deputy Director Of Health

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15.12.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.16865 of 2015 Mariya Retnam ... Petitioner Vs.

1.The Deputy Director of Health Services, Krishnankovil, Nagercoil, Kanyakumari District.

2.The Executive Officer, Killiyoor Panchayat, Killiyoor, Kanyakumari District.

3.Block Health Supervisor, Primary Health Centre, Killiyoor, Kanyakumari District.

4.Dhasaiyan ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to take action on the petitioner's representation, dated 02.03.2015 and 05.08.2015 seeking to stop letting out the waste water into the streets and water channels by the fourth respondent.

For Petitioner : Mr.R.J.Karthick For R-1 : Mr.A.Muthukaruppan, Additional Government Pleader For R-2 & R-3 : Mr.N.S.Karthikeyan, Additional Government Pleader

O R D E R

The petitioner seeks for a Mandamus directing the respondent Nos.1 to 3 to take action on his representation, dated 05.08.2015 wherein and whereby he made a complaint that the fourth respondent is letting out the waste water into the streets and water channels and thereby causing pollution.

2. The learned Additional Government Pleader appearing for the respondent Nos.1 to 3 submitted that the grievance of the petitioner will be considered and appropriate orders will be passed after giving due opportunity of hearing to the fourth respondent as well. https://hcservices.ecourts.gov.in/hcservices/

3. Considering the above stated statement made by the learned Additional Government Pleader appearing for the respondent Nos.1 to 3 and considering the fact that the fourth respondent will also be heard before

passing any order on the petitioner's representation, notice to the fourth respondent is dispensed with in this Writ Petition as his right of hearing is protected by passing the following order.

4. The third respondent will consider the representation of the petitioner, dated 05.08.2015 and pass orders on the same on merits and in accordance with law after giving due opportunity of hearing to the fourth respondent as well. This Court as of now is not expressing any view on the averments made in the affidavit filed in support of the Writ Petition as it is for the third respondent to consider and decide the same. Such exercise shall be done by the third respondent within a period of four weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar.

To 1.The Deputy Director of Health Services, Krishnankovil, Nagercoil, Kanyakumari District.

2.The Executive Officer, Killiyoor Panchayat, Killiyoor, Kanyakumari District.

3.Block Health Supervisor, Primary Health Centre, Killiyoor, Kanyakumari District.

+1CC to Mr.R.J.Karthick, Advocate, SR.No. 71777 +1CC to The Special Government Pleader SR.No. 71989 W.P.(MD)No.16865 of 2015 15.12.2015 AM/17.12.2015/SK.SKN/SAR-II/2P/6C https://hcservices.ecourts.gov.in/hcservices/