M.Panchavarnam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2022
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU and M.P(MD)No.1 of 2015 M.Panchavarnam ... Petitioner Vs.
1.The District Collector, Madurai District.
2.The Tahsildar, Vadipatti Taluk, Madurai District.
3.The Block Development Officer/Commissioner, Vadipatti Panchayat Union, Vadipatti, Madurai District.
4.The President, Irumbadi Village Panchayat, Irumbadi, Vadipatti Taluk, Madurai District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to remove the stagnated sewage water from the petitioner's land in Survey No.5A, 310/3, 310/1B, 309/5, 310/1A, 309/2 comprised 1/5
in Patta No.222, Irumpadi Village, Vadipatti, Madurai District and to construct a separate sewage channel for Irumpadi Village, Vadipatti Taluk without affecting the agricultural lands of the petitioner. For Petitioner : Mr.K.Vinoharan for Mr.G.Prabhu Rajadurai For Respondents : M/s.D.Farjana Ghousia Special Government Pleader
ORDER
The complaint of the petitioner is that the sewage water get stagnated in his agricultural lands affecting his agricultural operations and also causes pollution to the lands, which affects his yield. Therefore, he had sought for a direction to direct the respondents to remove the stagnated sewage water and also to construct a separate sewage channel for Irumpadi Village, Vadipatti Taluk.
2. M/s.D.Farjana Ghoushia, learned Special Government Pleader appearing for the respondents, on instructions, would submit that the separate sewage channel would be constructed within a period of six (6) months from today.
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3. It is a duty of the respondents to provide sanitation for the residents of a village and they have not done their constitutional duty of providing such facilities. Hence, I am of the view that the 4th respondent will have to take appropriate steps to provide a separate sewage channel in the village at the earliest.
4. In view of the same, the 4th respondent is directed to construct a separate sewage channel for Irumpadi Village, Vadipatti Taluk, Madurai District within a period of six (6) months from today. He is further directed to take appropriate steps as per the relevant rules for up keeping the sanitation of the village and its surroundings.
5. With the above said observations, this Writ Petition stands allowed as prayed for. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
07.12.2022 Index :
Yes / No Internet :
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To 1.The District Collector, Madurai District.
2.The Tahsildar, Vadipatti Taluk, Madurai District.
3.The Block Development Officer/Commissioner, Vadipatti Panchayat Union, Vadipatti, Madurai District.
4.The President, Irumbadi Village Panchayat, Irumbadi, Vadipatti Taluk, Madurai District.
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K.KUMARESH BABU ,J.
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