Shri. Philip Samuel v. The Port Blair Municipal Council And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/200/2025 Shri Philip Samuel Vs.

The Port Blair Municipal Council and others Mr. K. Vijay Kumar ... for the petitioner Mr. Shatadru Chakraborty, Sr. Adv.

Mr. Rakesh Kumar ... for the respondents April 10, 2025 [SR] Item No.20 As prayed for, leave is granted to implead the Building Officer, Municipal Council. Learned advocate-on-record of the petitioner shall effect necessary correction in the cause title of the writ petition.

Affidavit of service, as produced, reveals that the writ petition was sent to the respondent nos.3 and 4 by speed post but the track report as regards service has not been annexed. However, in view of the order that is to be passed, fresh service upon the respondent nos. 3 and 4 is dispensed with. Mr. K. Vijay Kumar, learned advocate appearing for the petitioner submits that there is an existing drain in between the house of the petitioner and others and the house of the private respondents.

The said private respondents are raising construction over a part of the drain and as a consequence thereof, the drain has been partially blocked and drain water spills over the adjoining areas causing nuisance. Accordingly, a complaint was lodged before the added respondent no.5 on 30th January, 2025 but no steps have been taken and not even an

inspection has been conducted. Aggrieved thereby, the petitioner has approached this Court.

Mr. Shatadru Chakraborty, learned senior advocate, assisted by Mr. Rakesh Kumar, learned advocate appears on behalf of the Municipal Council and submits that the writ petition involves disputed questions of fact. Upon hearing the learned advocates appearing for the respective parties and considering the materials on record, I am of the opinion that no useful purpose will be served by keeping the writ petition pending and the issue needs to be relegated to the competent authority.

Accordingly, this Court directs the added respondent no.5 to consider the petitioner's representation dated 30th January, 2025, upon granting an opportunity of hearing to the writ petitioner, the private respondents and other interested persons, if any and to take a decision, in accordance with law and communicate the same to the petitioner and the private respondents.

The above exercise shall be completed within a period of four weeks from the date of communication of this order. The petitioner is directed to communicate this order to the private respondents within a week from date. With the above observations and directions, the writ petition is disposed of.

However, there shall be no order as to costs. Urgent Photostat certified copy of this order, if applied for, shall be supplied to the parties as expeditiously as possible, upon compliance of all formalities.

( Tapabrata Chakraborty, J. )