Bhakkiaraj v. The Commissioner Of Municipal Administration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2022

CORAM:

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HONOURABLE MRS.JUSTICE S.ANANTHI Bhakkiaraj .. Petitioner Vs 1.The Commissioner of Municipal Administration, O/o. Commissioner of Municipal Administration, Chennai-600 028.

2.The District Collector, Ramanathapuram District, Ramanathapuram.

3.The Municipality Commissioner, Paramakudi Municipality, Paramakudi, Ramanathapuram District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to lay road and to construct the double-side drainage system in all the streets of the petitioner's village, namely, Gandhi Nagar in Paramakudi Taluk, Ramanathapuram District forthwith based on the petitioner's representations dated 17.06.2020 and 23.11.2020.

For Petitioner :Mr.M.S.Jeyakarthik For Respondents :Mr.P.Thilakkumar, Government Pleader for R1 and R2 Mr.M.Kannan for R3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The Writ Petition was filed to seek a direction on the respondents to lay road and construct a double-side drainage system in all the streets in the village, Gandhi Nagar in Paramakudi Taluk. 2.The learned counsel for the third respondent submits that the municipality has already taken steps from time to time, which includes construction of road and drainage system. Many streets have been properly laid with the road and drainage system and the process for other streets would also be completed subject to availability of the funds. It is rather stated that as and when funds were made available, the drainage system was also made in both the side of the street and it would be completed in all the 17 streets.

3.In view of the statement made by the learned counsel for the third respondent, we dispose of the Writ Petition with a direction to lay double-side drainage system in the streets, so that water may flow instead of spreading on roads damaging the paver. The work would be taken up at the earliest though subject to the availability of the funds. The respondent would further maintain the roads and drainage system properly. No costs.

(M.N.B., CJ.) (S.A.I., J.) 28.07.2022 Index :Yes/No sj-myr To 1.The Commissioner of Municipal Administration, O/o. Commissioner of Municipal Administration, Chennai-600 028.

2.The District Collector, Ramanathapuram District, Ramanathapuram.

M.N.BHANDARI, CJ.

and S.ANANTHI, J.

sj / myr 28.07.2022