Madras High CourtWP(MD)/22137/2022closed

Karthikeyan.R v. The Director Of Panchayt

2022-11-28Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P. (MD) No.22137 of 2022 R.Karthikeyan .. Petitioner Vs.

1.The Director of Panchayat, Kuralagam, Chennai.

2.The District Collector, Madurai District.

3.The Assistant Director of Panchayat, Collectorate Building, Madurai.

4.The Tahsildar, Vadipatti Taluk, Madurai.

5.The President, Vadipatti Town Panchayat, Vadipatti, Madurai District.

6.The Executive Officer, Vadipatti Town Panchayat, Madurai District.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to forbear the respondents 1, 3, 5 and 6 1/4

from passing drainage water at Thathanayakampatti Aadhan Odai by constructing a drainage channel from Thathanayakamppati Village upto cremation ground situated in Sy.No.82, 5th Ward of Thathanayakampatti Village, Vadipatti Taluk, Madurai District.

For Petitioner : Mr.D.Saravanan For R1 to R4 : Mr.A.Kannan Additional Government Pleader For R5 & R6 : Mr.C.Satheesh Government Advocate

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, forbearing the respondents 1, 3, 5 and 6 from passing drainage water at Thathanayakampatti Aadhan Odai by constructing a drainage channel from Thathanayakamppati Village upto cremation ground situated in Sy.No.82, 5th Ward of Thathanayakampatti Village, Vadipatti Taluk, Madurai District. 2.This Court by order dated has passed the following order:- " This Court in an earlier occasion directed the authorities to file an affidavit stating that they will not let in drainage or waste water in the Odai, namely, Aadhan Odai, but the authorities has not chosen to file an affidavit till now. Hence, all the authorities were directed to be present before this Court, today. Today, all the Officers are present before this Court.

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2.It is very hard to know that nay one of the Officers, who are present before this Court, does not have any idea regarding the fate of the water being let out in the regular water stream namely Aadhan. The Officers concerned would say that they will complete the project and send the clear water to Odai, which cannot be accepted by this Court. 3.In view of the above, this Court directs the authorities concerned to have a meeting with the concerned department and then get appropriate suggestions and ideas for formulating a new scheme for treating this sewage water and letting in separate place not into this Odai. 4.Post the matter on 28.11.2022, for filing a report regarding the aforesaid aspect."

3.Pursuant to the said order, now the authorities have taken some measures to set right the issue. They have produced some documents to show that steps are being taken in respective areas to let the pure water into Aadhan Odai. It is also made clear that the authorities have formulated a scheme to have a permanent solution for this issue and the same will be installed in such places as expeditiously as possible, to send the clear water to Odai. 4.In view of the above, this writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed. 28.11.2022 Index : Yes/No Internet : Yes/No ta 3/4

V.BHAVANI SUBBAROYAN, J.

ta To 1.The Director of Panchayat, Kuralagam, Chennai.