S.Dharwaz Mohaideen v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.24637 of 2024 S.Dharwaz Mohaideen ... Petitioner Vs.

1.The Commissioner, Madurai Corporation, Madurai.

2.The Assistant Commissioner, Madurai Corporation Zone-IV, Munichalai, Madurai.

3.The Assistant Engineer, Sewage and Underground Sewage Department, Santhapettai, Ward No.50, Madurai.

4.The Inspector of Police, Theppakulam Police Station, Madurai.

... 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 1 to 3 herein to dispel the underground sewage tank and drainage channel from the petitioner's property comprised in Town Survey No.760, situated at Door No. 18B/53, Block No.58, Ward No.50, Rasayana Pattarai Lane, Srinivasa Perumal Street, Meenkashipuram, Madurai based on the petitioner's representation dated 07.10.2024 within the time stipulated by this Court 1/4

For Petitioner : Mr.M.Shakulhameed For R1 to R3 : Mr.P.Anbunithi For R4 : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side)

ORDER

By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.It is the grievance of the petitioner that his representation dated 07.10.2024 to dispel the underground sewage tank and drainage channel from his property comprised in Town Survey No.760, situated at Door No.18B/53, Block No.58, Ward No.50, Rasayana Pattarai Lane, Srinivasa Perumal Street, Meenkashipuram, Madurai, has not been considered so far by the respondents. Therefore, he is before this Court.

3.The learned counsel appearing for the respondents 1 to 3 would submit that the representation of the petitioner would be considered and as alleged by the petitioner, if the drainage channel is found within his premises, it would be removed by the authorities concerned within a period that may be stipulated by this Court.

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4.In such view of the matter, this Writ Petition is disposed of with a direction to the authorities concerned to consider the representation of the petitioner and remove the drainage channel, if it is found in the premises of the petitioner, within a period of six weeks from the date of receipt of a copy of this order. No costs.

19.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva 3/4

N.SATHISH KUMAR, J.

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