Palsamy v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2025
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD).No.13352 of 2025 Palsamy ... Petitioner Vs.
1.The District Collector, O/o. The District Collector, Madurai District.
2.The Block Developmental Officer, O/o. The Block Developmental Officer, Thiruparakundram Panchayat Union, Madurai.
3.The President, O/o. The President, Karadipatti Panchayat , Madurai West, Madurai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondent No.2 to reconstruct the drainage canal constructed in Ward No.3, Palkalai Nagar, Perumalmalai 2nd Street, Karadipatti Panchayat, Thiruparakundram Union, Madurai District in a
proper and safe manner and subsequently direct the respondent No.2 to restore the drinking water pipeline which was damaged while constructing the drainage canal by considering the representation dated 20.06.2025. For Petitioner : Mr.R.Akash For Respondents : Mr.P.Thilak Kumar Government Pleader
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Mandamus has been instituted to direct the second respondent to reconstruct the drainage canal constructed in Ward No.3, Palkalai Nagar, Perumalmalai 2nd Street, Karadipatti Panchayat, Thiruparakundram Union, Madurai District in a proper and safe manner and subsequently, to direct the second respondent to restore the drinking water pipeline, which was damaged while constructing the drainage canal by considering the representation dated 20.06.2025.
2. The photographs enclosed in the typed set of papers filed along with the Writ Petition would reveal that the Storm Water Drainage Scheme has been implemented based on the expert's opinion so as to ensure free flow of water and to avoid stagnation of water in any area. In order to prevent flooding during
rainy seasons, storm water drainage system has been implemented by the Government in many cities across the State of Tamil Nadu. No doubt, certain inconvenience may arise to individual residents. However, the residents may make suitable arrangements so as to rectify the inconvenience or otherwise, if necessary, by consulting the authorities of Corporation or local bodies, as the case may be. However, High Court cannot issue a direction, especially to reconstruct the storm water drainage already constructed, which would result in larger repercussions, wherein, the Scheme itself may be failed. Therefore, the petitioner has to make suitable arrangements, if necessary, with the consultation of the Corporation authorities in order to avoid any inconvenience to enter into the house, parking of the car or otherwise.
3. With the above observations, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
(S.M.S.,J.) (A.D.M.C.,J.) 27.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
To 1.The District Collector, O/o. The District Collector, Madurai District.
2.The Block Developmental Officer, O/o. The Block Developmental Officer, Thiruparakundram Panchayat Union, Madurai.
3.The President, O/o. The President, Karadipatti Panchayat , Madurai West, Madurai.
S.M.SUBRAMANIAM,J.
and DR.A.D.MARIA CLETE,J.
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