K.R. Palaniappan v. The Commissioner

W.P.(MD) No.19919 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD) No.19919 of 2019 KR.Palaniyappan ... Petitioner -vsThe Commissioner Pudukkottai Municipality Pudukkottai Pudukkottai District ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondent to clean the water channel namely "Thorana Vaikal" situated in between 2nd and 3rd Street of Santhanathapuram, Pudukkottai Town on the basis of the representation dated 01.07.2019.

For Petitioner : Mr.D.Ramesh Kumar For Respondent : Mr.P.Mahendran Standing Counsel

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.D.Ramesh Kumar, learned counsel for the writ petitioner and Mr.P.Mahendran, learned Standing Counsel, who accepts notice for the respondent.

2. With the consent of both sides, the writ petition is taken up for final disposal at the admission stage itself.

3. By way of this writ petition designed as public interest litigation, the writ petitioner states that several persons are letting out sewage water into the water channel called as Thorana Vaikal, situated in between 2nd and 3rd Streets of Santhanathapuram, Pudukkottai Town and the said channel is only for the purpose of draining the rain-water from the two streets. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.19919 of 2019

4. It is stated that all the houses in the locality have been provided underground drainage system. However, some of the residents in the area are purposely letting out the sewage water into the water channel. In this regard, a representation has been given to the respondent on 01.07.2019.

5. In the light of the above, the respondent is directed to consider the representation dated 01.07.2019, direct one of the officers to conduct surprise inspection in the locality and if anyone is found to be letting out the sewage water into the water channel without utilising the underground drainage system, the same shall be immediately blocked and action shall be taken against such persons under the provisions of the Municipalities Act. The above direction shall be complied with within a period of three weeks from the date of receipt of a copy of this order.

6. Accordingly, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (Ad-I) // True Copy // Sub Assistant Registrar(CS ) +1 CC to M/s.P.MAHENDRAN, Advocate SR-87163. +1 CC to M/s.D.RAMESHKUMAR, Advocate SR-87400. W.P.(MD) No.19919 of 2019 17.09.2019 CS(03.10.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2