S.Karthik Suryaraj v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN S.Karthik Suryaraj ... Petitioner Vs

1. The Revenue Divisional Officer, Revenue Divisional Office, Nagercoil, Kanyakumari District.

2. The Block Development Officer, Block Development Office, Agastheeswaram Taluk, Kanyakumari District.

3. Jeyakumar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second respondent to take appropriate action based on the communication of the first respondent in A1/943/2025, dated 22.03.2025 and to remove the sewage water pipeline made by the third respondent on the middle of the road discharging effluent water adjacent 1/5

to the petitioner's house situated in Door No.5/172, Main Road, Akshya Garden, Therakalputhoor, Thirupathisaram, Kanyakumari District, considering the petitioner's representation, dated 24.05.2025. For petitioner : Mr.I.Pinaygash For respondents :Mr.C.Satheesh Government Advocate for R1 Mr.G.V.Vairam Santhosh Additional Government Pleader for R2 *****

ORDER

This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner, learned Government Advocate for the first respondent and learned Additional Government Pleader for the second respondent and after dispensing with the notice on the third respondent, as no adverse orders are proposed to be passed against him.

2. It is the specific case of the petitioner that the third respondent is discharging the sewage from his property over the petitioner's property and thereby, vitiating the atmosphere.

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3. It is further case of the petitioner that there is a property dispute between the petitioner and the third respondent before the Principal District Munsif Court, Nagercoil in O.S.No.15 of 2025, which is an independent dispute regarding the declaration of the title over the portion of compound wall, which is suit scheduled property in the aforesaid suit.

4. It is the further case of the petitioner that the petitioner has given a representation to the first respondent, on 24.05.2025. It is submitted that the previous representation, which was given by the petitioner on 03.02.2025, was also forwarded by the first respondent to the second respondent vide communication, dated 22.03.2025 bearing reference in A1/943/2025. However, the same has not been acted upon by the second respondent.

5. The photographs filed by the petitioner, prima facie indicates that there is a discharge of sewage/waste water. Considering the same, there shall be a direction to the second respondent to inspect the property of the petitioner and the third respondent, after serving notice to them. 3/5

6. The second respondent shall also visit the site in presence of the Village Adminstrative Officer of the concerned village and thereafter, take steps to ensure that there is no discharge of sewage, if indeed sewage is being discharged from the area of the third respondent.

7. This exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.

8. This Writ Petition is disposed of, with the above observations. No costs. Index : Yes / No 19.06.2025 Internet : Yes / No apd To

1. The Revenue Divisional Officer, Revenue Divisional Office, Nagercoil, Kanyakumari District.

2. The Block Development Officer, Block Development Office, Agastheeswaram Taluk, Kanyakumari District.

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C.SARAVANAN, J.

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