IMPORTANT POINT
Encroachments on public drainage systems are impermissible and must be removed to protect public health and safety.

ORDER :

R. Suresh Kumar, J.

[Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order issued by the second respondent dated 24.06.2024 in Na.Ka.No.2816/2022/C1 and quash the same and consequently to direct the second respondent to conduct survey the land bearing Survey No.170 situated at Mangalrevu, Aththipatti Sub Division, Peraiyur Taluk, Madurai District.]

The prayer sought for in these Writ Petitions is for a Writ of Certiorarified Mandamus, to quash the impugned order issued by the second respondent, dated 24.06.2024 in Na.Ka.No.2816/2022/C1 and consequently to direct the second respondent to survey the land bearing Survey No.170 situated at Mangalrevu, Aththipatti Sub Division, Peraiyur Taluk, Madurai District.

2. In a Village called Mangalrevu in Aththipatti Frika, Peraiyur Taluk, Madurai District at Ward No.6, there has been a drainage channel running, which carries the drainage water ie., sewage water of the Village concerned.

3. When that being the position, the petitioners while constructing dwelling houses adjacent to or abetting the channel, which is their patta lands, have extended their constructions encroaching upon the very channel itself. Resultantly, the movement of sewage water is hindered.

4. This position since had been continuing for the past three years, the public in the locality has made complaints to the local authorities. Ultimately, when the authorities concerned took steps to initiate action against the petitioners, they approached this Court by filing the Writ Petitions in W.P(MD)Nos.11527 to 11531 of 2024.

5. All those Writ Petitions were disposed of by a Division Bench of this Court, by order dated 30.05.2024, where since the order impugned issued therein was considered to be in a standard format, the Division Bench has set aside the said order and consequently directed the second respondent therein ie., the Tahsildar concerned to pass fresh orders, after considering the objections/explanations submitted by the writ petitioners.

6. Pursuant to the said order passed by the Division Bench of this Court, dated 30.05.2024, the second respondent/the Tahsildar, heard the writ petitioners and passed a very detailed order, after considering the objections given by them on 24.06.2024. Challenging the same, the present set of Writ Petitions have been filed.

7. Heard Mr. V. Sasi Kumar, learned counsel appearing for the petitioners and Mr. N. Satheesh Kumar, learned Additional Government Pleader appearing for the respondents.

8. The learned Additional Government Pleader appearing for the respondents has produced some photographs which suggest that the petitioners have put up part of the constructions of their dwelling houses exactly on the drainage channel itself. With the result, the drainage water is getting stagnated without any way to move further. Resultantly, it creates a lot of health hazards in that locality.

9. This position has been explained by the second respondent in the order impugned, dated 24.06.2024. In order to appreciate the justification on the part of the revenue, ie., the second respondent, to pass such an order which is impugned herein, the relevant portion of the impugned order is extracted hereunder :

10. A detailed order since has been passed by the second respondent where how dangerously this encroachment has been made by the petitioners in the drainage channel has been explained and because of these encroachments, there has been drainage stagnation in the channel, resultantly, it becomes a menace and creates health hazard in the locality.

11. Therefore, absolutely there has been no ground or reason to interfere with the said order passed by the second respondent/the Tahsildar, dated 24.06.2024.

12. These petitioners, being the local residents knowing well that there has been a drainage channel passing through, despite the knowledge, with ill-intention t