Lakshmanakumar, v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2024

CORAM:

THE HONOURABLE MR.D.KRISHNAKUMAR, THE ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.22162 of 2018 Lakshmanakumar ... Petitioner -Vs1.The Commissioner, Municipal Administration Department, Ezhilagam Annex, 6th Floor, Chepauk, Chennai-5.

2.The Regional Director, Regional Director of Municipal Corporation, Rampopular Main Road, Manakavalam Pillai Nagar, Tirunelveli-2.

3.The Commissioner, Kovilpatti Municipality, Kovilpatti Town, Tuticorin District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pass an suitable appropriate order based on the petitioner's representation dated 24.04.2017 within the stipulated time fixed by this Court.

For Petitioner : Mr.K.Balamurugan For R1 & R2 : Mr.P.Thilakkumar, Government Pleader For R3 : Mr.J.Parekhkumar

ORDER

[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] It is the case of the petitioner that there had been some illegalities in constructing individual household latrine under the scheme of Clean India. Therefore, he preferred a complaint to the 3rd respondent, who in turn, sent a reply notice dated 19.06.2017, where it has been stated that enquiry officer had been appointed. Thereafter, once again, the petitioner sent a notice to the 3rd respondent and vide reply notice dated 22.06.2018, the petitioner was informed that on 27.07.2017, the enquiry officer submitted a report, which was referred to the 2nd respondent for further proceedings. Thereafter, the petitioner sent a notice to the 2nd respondent for passing an appropriate order with regard to the report submitted by the enquiry officer. However, since there is no reply received from the 2nd respondent, the petitioner has filed this Writ Petition.

2.Though this Writ Petition is of the year 2018, till now, the respondents have not filed any counter, however, the 2nd respondent filed a report before this Court on 10.12.2018, where it has been stated that after receipt of the enquiry report from the 3rd respondent, the 2nd respondent forwarded the same to the 1st respondent vide letter dated 04.11.2017 and further instruction from the 1st respondent is awaited.

3.In such circumstances, considering the pendency of this Writ Petition, we direct the 1st respondent to take necessary action in accordance with law, taking note of the report submitted by the 2nd respondent, within a period of twelve weeks from the date of receipt of a copy of this order 4.With the above direction, this Writ Petition is disposed of. No costs. [D.K.K., A.C.J.] & [R.V., J.] 26.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva

To 1.The Commissioner, Municipal Administration Department, Ezhilagam Annex, 6th Floor, Chepauk, Chennai-5.

2.The Regional Director, Regional Director of Municipal Corporation, Rampopular Main Road, Manakavalam Pillai Nagar, Tirunelveli-2.

D.KRISHNAKUMAR, A.C.J.

AND R.VIJAYAKUMAR , J.

Yuva W.P.(MD)No.22162 of 2018 26.07.2024