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Madras High CourtWP(MD)/11388/2018dismissed

M.Ramakrishnan v. The Regional Director

2024-02-12Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.11388 of 2018 and W.M.P(MD)No.10379 of 2018 M.Ramakrishnan ... Petitioner Vs.

1.The Regional Director (Municipality), Office of the Municipality Administrative Regional Director, Kotchadai, Madurai District.

2.The Commissioner, Usilampatti Municipality, Madurai District.

3.Mr.Katturaja ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd respondents to consider the representation of the petitioner, dated 18.05.2018 and further direct them to construct closed drain setting in Thiruvalluvar Nagar / Street, 21st Ward, Usilampatti, Madurai District, instead of open Drain setting.

For Petitioner :Mr.M.Jegadeesh Pandian For R-1 :Mr.T.Amjad Khan, Government Advocate For R-2 :Mr.K.Mahendran For R-3 :No Appearance

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus, directing the 1st and 2nd respondents to consider the representation of the petitioner, dated 18.05.2018 and further direct them to construct closed drain setting in Thiruvalluvar Nagar / Street, 21st Ward, Usilampatti, Madurai District, instead of open Drain setting.

2. When the matter is taken up for hearing today, the learned counsel appearing for the second respondent, on instructions, would submit that at present Underground Sewage Scheme is not sanctioned to the Usilampatti Municipality. Instead, alternative Scheme has been sanctioned namely "Faecal Sludge Treatment Plant" to Usilampatti Municipality. The said Scheme is useful to clear the septic tank water in the houses. In rainy season, the rain water easily passes through Storm

Water Drain. Hence, Storm Water Drain essential for every street. Hence, the request of the petitioner has been rejected.

3. In view of the above, the prayer sought for by the petitioner cannot be granted. Hence, this Writ Petition is dismissed. No Costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K., J.] [R.V., J.] 15.02.2024 Index :

Yes / No PM To:

The Regional Director (Municipality), Office of the Municipality Administrative Regional Director, Kotchadai, Madurai District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

PM W.P.(MD)No.11388 of 2018 12.02.2024