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Madras High CourtWP(MD)/13632/2019disposed of

M.Aysha Beevi v. The Commissioner

2019-07-25Honourable Dr Justice Anita Sumanth2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2019

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)No.13632 of 2010 M.Aysha Beevi ... Petitioner Vs.

1.The Commissioner, Madurai Corporation, Madurai.

2.The Assistant Commissioner, Zone-III, Madurai Corporation, Maudrai.

... Respondents PRAYER :

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order made in Ma3/A4/2319/19 dated 29.04.2019 passed by the second respondent and quash the same and consequently direct the respondents to connect the petitioner's house drain with the public drain at the expenses of the petitioner. For Petitioner : Mr.D.Sadiq Raja For Respondents : Mr.J.Gunaseela Muthiah

ORDER

Prayer in this writ petition is for a Certiorarified Mandamus to quash the order, dated 29.04.2019 passed by the Assistant Commissioner rejecting the request of the petitioner to connect the drain in her dwelling house to the public drain.

2. The second respondent has directed the petitioner to put up a septic tank. Mr.Gunaseelan Muthiah, learned counsel, who had accepted notice on behalf of the respondents had sought some time to obtain instructions.

3. Today, he files a memo dated 25.07.2019 enclosing a communication bearing Reference No: W.P.(MD)No.13632/2019 dated 18.07.2019, wherein the Assistant Engineer seeks certain compliances from the petitioner for carrying out the exercise of connecting the drain in the petitioner's house to the public drain at the cost of the petitioner.

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4. The learned counsel for the petitioner agrees that the petitioner will comply with the conditions as required in the communication of the Assistant Engineer dated 18.07.2019. This is recorded. The respondents are thus directed to ensure that connection is given, as prayed for, and in line with the order of the Assistant Engineer, dated 18.07.2019 within a period of four weeks from the date of compliance of all conditions by the petitioner. The prayer in the writ petition, thus stands achieved, as above. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) +1 cc to Mr.D.Sadiq Raja , Advocate SR.No.78342 +1 cc to Mr.J.Gunaseela Muthiah , Advocate SR.No.77698 ta W.P(MD)No.13632 of 2019 25.07.2019 KM/(10.09.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/