A.Lakshmi, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.19306 of 2017 A.Lakshmi ... Petitioner Vs.

1.The District Collector, Karur District Collectorate, Karur - 639 005.

2.The Commissioner, Karur Municipality, Karur - 639 001.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to construct side wall of drainage channel in front of petitioner's house as like others and also correctly lay the pipeline enable the drainage water to pass through the road towards the opposite side channel.

For Petitioner : Mr.R.Narayanan For Respondents : Mr.M.Alagathevan, Special Government Pleader *****

ORDER

By consent, this writ petition itself is taken up for final disposal.

2. Mr.M.Alagathevan, learned Special Government Pleader, takes notice for the respondents.

3. According to the petitioner, there is a drainage channel, adjacent to his house and due to raise in road heights, the drainage water is accumulating in front of his house. It is the further case of the petitioner that the second respondent Municipality had constructed drainage channel side walls in his neighbouring places, but failed to construct the same in front of his house. Aggrieved over the same and in the threat of health hazards, the petitioner had approached the officials, who in turn assured positively, but had not acted so far, which constrained the petitioner to submit a representation dated 15.09.2017, before the respondents. As the said representation is kept pending, without any action, the petitioner is before this Court, with the aforesaid prayer.

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4. Though the prayer in this writ petition is for a larger relief, the learned Counsel for the petitioner now confines his prayer to the effect that it would be suffice, if his representation is disposed of by the respondents, in the manner known to law, within a stipulated time period, which is also agreed by the learned Special Government Pleader appearing for the respondents.

5. Considering the limited scope of the relief now sought for, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner dated 15.09.2017 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar To 1.The District Collector, Karur District Collectorate, Karur - 639 005.

2.The Commissioner, Karur Municipality, Karur - 639 001.

+1cc to Mr.R.NARAYANAN,Advocate,SR.82755 W.P.(MD)No.19306 of 2017 13.10.2017 GK KK/JC/SAR 1/01.11.2017/ 2P- 4C/ https://hcservices.ecourts.gov.in/hcservices/