Madras High CourtWP(MD)/23983/2017disposed of

R.Mohanasundaram v. The Commissioner

2024-02-05Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)Nos.20143 to 20154 of 2017, 956, 957 of 2018 WP(MD)No.23983 of 2017:- R.Mohanasundaram .. Petitioner v.

1.The Commissioner, 2.The Assistant Engineer, Ward No.54, Zone No.3, 3.The Sanitary Inspector, .. Respondents 1/4

PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records of the second respondent's impugned order dated 04.12.2017 and the consequential impugned order dated 18.12.2017, quash the same and consequently, directing the respondents to restore and maintain the underground drainage system in proper condition in the Gnanavel Colony, Theppakulam South, New Ramnad Road, Madurai.

For Petitioner : Mr.M.Kannan For Respondents : Mr.K.Manisekaran Standing Counsel ***** COMMON ORDER The petitioners were provided with underground drainage connections. By the orders impugned, the respondents have taken a stand that they are having certain practical difficulties in implementing the underground drainage system in the area and as such, suggested the petitioners to put up septic tanks.

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2.Having provided the underground drainage system and also collecting necessary fee / tax from the petitioners, the respondents are not justified in taking a stand that it is not implemented effectively. Before implementing a project, the respondents ought to have taken sufficient steps to ascertain as to how the project is to be executed.

3.This Court is not inclined to accept the stand taken by the respondents. The orders impugned in these writ petitions are set aside. The respondents are directed to ensure that the underground drainage connections are provided in an effective manner. No costs. Consequently, connected miscellaneous petitions are closed.

Index :

Yes / No 05.02.2024 NCC :

Yes / No Internet :

Yes gk To 1.The Commissioner, 3/4

B.PUGALENDHI, J.

gk 2.The Assistant Engineer, Ward No.54, Zone No.3, 3.The Sanitary Inspector, WP(MD)Nos.23983 to 23988 of 2017, 05.02.2024 4/4