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Madras High CourtWP(MD)/9528/2026disposed of

A.Varadaraja Perumalsamy v. The District Collector

2026-04-07Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN A.Varadaraja Perumalsamy ... Petitioner vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Assistant Director (Panchayats), Tirunelveli District, Tirunelveli.

3.The Block Development Officer, Manur Panchayat Union, Tirunelveli District.

4.The President, Gangaikondan Panchayat, Tirunelveli District.

5.Gnanaprakasam ... Respondents 1/7

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 to consider the petitioner's representations dated 21.02.2026 and 17.03.2026 to carry out milling of the existing road at Gangaikondan Perumal Kovil Street (West) and re-lay the same in accordance with proper standards provide adequate rain water drainage facilities to prevent flooding of residential houses and take necessary remedial measures to address the damages and hardship caused to the residents due to the improper road laying, within a time frame as may be fixed by this Court. For Petitioner : Mr.J.Jeevin For Respondents : Mr.S.Sasi Kumar (R1 & R2) Additional Government Pleader : Mr.P.Thilak Kumar (R3 & R4) Government Pleader

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed the present Writ Petition seeking a direction to the respondents 1 to 3 to consider the petitioner's representations dated 21.02.2026 and 17.03.2026, to carry out milling of the existing road at Gangaikondan Perumal Kovil Street (West) and re-lay the same in 2/7

accordance with proper standards, provide adequate rainwater drainage facilities to prevent flooding of residential houses, and take necessary remedial measures to address the damages and hardship caused to the residents due to improper road laying.

2.By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. 3.Mr.S.Sasi Kumar, learned Additional Government Pleader, accepts notice for the respondents 1 and 2, and Mr.P.Thilak Kumar, learned Government Pleader, accepts notice for the respondents 3 and 4. Considering the limited relief sought by the petitioner, notice to the fifth respondent is dispensed with.

4.It is the contention of the petitioner that the respondents 1 to 4, through the fifth respondent contractor, have undertaken the work of laying the road in the street situated at Gangaikondan Perumal Kovil Street (West), 3/7

and the said road has been laid without milling or removing the existing road surface, thereby increasing the height of the road. Due to such improper execution of work by the respondents, particularly the fifth respondent contractor, the level of the road has become higher than the level of the houses situated in the Agraharam. As a result, during rainfall, water enters into the houses of the residents, causing flooding and severe hardship. The defective execution of road work has resulted in damage to household articles and residential structures, stagnation of water leading to unhygienic conditions, risks to the health and safety of the residents, and continuous inconvenience and hardship to the people living in the said street. In this regard, the petitioner submitted representations dated 21.02.2026 and 17.03.

2026 before the authorities concerned. As the same has not been considered thus far, the present Writ Petition has been filed. 5.The learned counsels appearing for the respondents 1 to 4 submitted that the petitioner's representation dated 17.03.

law, within the time stipulated by this Court. 6.Considering the facts and circumstances of the case, and without expressing any opinion on the merits of the petitioner's claim, we direct the authorities concerned to consider the petitioner's representation dated 17.03.2026 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of personal hearing to the petitioner, the fifth respondent, as well as any other interested parties. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

7.With the above directions, this Writ Petition stands disposed of. No costs.

[N.S.K.,J.] [M.J.R.,J.] 07.04.2026 NCC : Yes / No Index : Yes / No Internet : Yes ps 5/7

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

2.The Assistant Director (Panchayats), Tirunelveli District, Tirunelveli.

3.The Block Development Officer, Manur Panchayat Union, Tirunelveli District.

4.The President, Gangaikondan Panchayat, Tirunelveli District.

6/7

N.SATHISH KUMAR , J.

and M.JOTHIRAMAN , J.

ps 07.04.2026 7/7