Selvi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.27264 of 2025 Selvi ..Petitioner Vs 1.The District Collector, Collectorate Building, 2.The Block Development Officer, Office of the Block Development Keelapavoor Panchyat Union Povoor Chatram, Tenkasi Taluk, Tenkasi District.

3.The Panchayat President, Kulasekarapatti, Tenkasi Talauk, 4.Sutha ..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 to consider petitioner's representation dated 08/09/2025 for taking the necessary steps to remove the 4th respondents laying a cement pad and issue the appropriate order to the 3rd respondent for prevent the 4th respondent from blocking the common drainage tunnel in respect of the petitioner domestic sewage to common drainage tunnel which is located in 2nd ward, keela theru, Kulasekapatti, Tenkasi Taluk, Tenkasi District. 1/5

For Petitioner : Mr.S.Moorthy For Respondents : Mr.S.Jeya Priya Govt. Advocate for R1 Mr.S.Kameshwaran Govt. Advocate for R2 and R3

ORDER

This writ petition has been filed seeking issuance of a Writ of Mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 08.09.2025 and to take necessary steps to remove the cement pad laid by the 4th respondent. The petitioner further seeks a direction to the 3rd respondent to prevent the 4th respondent from blocking the common drainage tunnel used for disposal of the petitioner's domestic sewage. The said common drainage tunnel is situated at 2nd Ward, Keela Theru, Kulasekapatti, Tenkasi Taluk, Tenkasi District.

2. By order dated 07.10.2025, this Court appointed an Advocate Commissioner to inspect the subject property and ascertain whether the drainage had been blocked, thereby obstructing the free flow of water. The Advocate Commissioner has filed his report, from which it is evident that the residents of houses situated opposite the existing drainage channel are also letting out their sewage into the same channel. It is observed that if 2/5

respondents 2 and 3 form a separate drainage channel on the side of the petitioner's house for the benefit of the opposite houses, it would serve the interest of all concerned. The petitioner has also expressed no objection to the formation of such a drainage channel. Accordingly, the matter was adjourned for filing an affidavit to that effect.

3. When the matter was taken up for hearing, the petitioner filed an affidavit stating his consent as above.

4. Recording the same, this writ petition is disposed of. Until such time as the new drainage channel is installed, the second respondent/Block Development Officer shall ensure regular clearance and maintenance of the existing drainage so as to prevent any blockage. No costs. 27.11.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn To 1.The District Collector, Collectorate Building, 2.The Block Development Officer, Office of the Block Development Keelapavoor Panchyat Union Povoor Chatram, Tenkasi Taluk, Tenkasi District.

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3.The Panchayat President, Kulasekarapatti, Tenkasi Talauk, 4/5

P.T.ASHA, J.

skn Writ Petition(MD)No.27264 of 2025 27.11.2025 5/5