Madras High CourtWP(MD)/30076/2025allowed

Eswari v. The Commissioner

2025-10-27Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.10.2025

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA Writ Petition(MD)No.30076 of 2025 Eswari ..Petitioner Vs The Commissioner, Theni Allinagaram Municipality, Municipal Office, Theni District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent herein to forthwith stop the unlawful discharge of sewage through the petitioner's property and remove the illegal drainage channel from the petitioner's patta land bearing S.No.1661/1 and consequently, direct the respondent to restore the said land to its original condition, considering the petitioner's representation, dated 07.10.2025 within a stipulated time.

For Petitioner : Mr.M.Divakaran For Respondents : Mr.G.Kaleeswaran 1/4

ORDER

Heard the arguments of Mr.M.Divakaran, learned counsel for the petitioner, and Mr.G.Kaleeswaran learned counsel for the respondent. By consent of both sides, the writ petition is taken up for final disposal at the admission stage itself.

2. Though the writ petition has been filed seeking issuance of a Writ of Mandamus directing the respondent herein to forthwith stop the unlawful discharge of sewage through the petitioner's property and remove the illegal drainage channel from the petitioner's patta land bearing S.No.1661/1 and consequently, direct the respondent to restore the said land to its original condition, considering the petitioner's representation, dated 07.10.2025, the learned counsel appearing for the petitioner has now fairly submitted that it would suffice if a direction is issued to the respondent to consider the petitioner's representation and pass order.

3. Considering the limited prayer sought for by the petitioner, this Court, without going into the merits of the case, directs the respondent to consider the 2/4

petitioner's last representation dated 07.10.2025 and pass order on or before 11.11.2025 and take immediate steps to prevent the drainage water from flowing into the petitioner's property.

4. Accordingly, this Writ Petition is allowed. No costs. 27.10.2025 NCC : Yes/No Index : Yes/No Internet:Yes vsg To 1.The Commissioner, Theni Allinagaram Municipality, Municipal Office, Theni District.

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P.T.ASHA , J., vsg Writ Petition(MD)No.30076 of 2025 27.10.2025 4/4