Syed Basheer Ahamed v. The Director Of Municipal Administration

1 W.P.(MD)NO.15574 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.15574 of 2023 Syed Basheer Ahamed ... Petitioner Vs.

1. The Director of Municipal Administration, Ezhilagam, Chepauk, Chennai.

2. The District Collector, Madurai District, Madurai.

3. The Commissioner, Madurai Corporation, Madurai.

4. The Regional Officer, National Highways Department, Melur Main Road, Lake Area, Madurai.

5. The Superintending Engineer, Water Resource Department, Periyar Vaigai Basin Circle, Madurai.

6. The Executive Director(TNRIDC), Tamil Nadu Road Infrastructure, Development Corporation, No.735, L.LA.Building, 4th Floor, Chennai - 600 002.

... Respondents 1/4

2 W.P.(MD)NO.15574 OF 2023 Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to construct proper water drainage facilities such as culvert for the free flow of water from Uthangudi Kanmai to Vandiyur Kanmai by removing all encroachments and blockage in survey No.154 of Uthangudi Village, Madurai within a time frame that may be stipulated by this Court. For Petitioner : Mr.A.Robinson For R-1 & R-2 R-4 to R-6 : Mr.K.Balasubramani, Special Government Pleader.

For R-3 : Mr.S.Vinayak * * *

O R D E R

Heard both sides.

2. The petitioner is a resident of SKS Nagar Ring Road, Uthankudi. From the materials enclosed in the typed set of papers, we are able to notice that Mattuthavani - Pandi Kovil Ring road has cut across the canal running North-South in S.No.154, Uthangudi. When the road widening works were undertaken, care was not taken to ensure the flow of water 2/4

3 W.P.(MD)NO.15574 OF 2023 through canal. This was because the culvert got elevated above the ground level. As a result, water could no longer freely flow North to down South. This has caused inundation in the locality. The petitioner is directly affected. The grievance projected by the petitioner is well founded.

3. The sixth respondent is directed to ensure restoration of the original position. The sixth respondent must ensure that the culvert is placed appropriately so as to ensure free flow of water from Uthankudi Kanmoi to Vandiyur Kanmoi through the petition-mentioned canal. This exercise shall be carried out within a period of three months from the date of receipt of a copy of this order. This writ petition stands disposed of. No costs.

(G.R.SWAMINATHAN,J.) ( B.PUGALENDHI,J.) 21.11.2023 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.15574 OF 2023 G.R.SWAMINATHAN,J.

AND B.PUGALENDHI,J.

PMU To:

1. The Director of Municipal Administration, Ezhilagam, Chepauk, Chennai.

2. The District Collector, Madurai District, Madurai.

3. The Regional Officer, National Highways Department, Melur Main Road, Lake Area, Madurai.

4. The Superintending Engineer, Water Resource Department, Periyar Vaigai Basin Circle, Madurai.

5. The Executive Director(TNRIDC), Tamil Nadu Road Infrastructure, Development Corporation, No.735, L.LA.Building, 4th Floor, Chennai - 600 002.

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