IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.12.2025 CORAM:

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and WP.No.11937 of 2017 Lithiya Pramila … Petitioner Vs.

1. The Principal Secretary Department of Municipalities & Water Supply, Secretariat, Chennai-600 009.

2. The Managing Director of Municipalities Chepauk, Chennai-600 005.

3. The Commissioner, Corporation of Chennai, Chennai-600 003.

4. The Assistant Commissioner (Health), Corporation of Chennai, Chennai-600 003.

5. The Assistant Divisional Commissioner (North) Basin Bridge Road, Royapurm, Chennai-600 021.

6. The Superintendent Engineer, Corporation of Chennai, Chennai-600 003.

7. The Zonal Officer (Zone-III)

Corporation of Chennai, Madhavaram, Chennai- 600 060. … Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India pleased to issue a Writ of Certiorari, calling for the records relating to the proceedings of the seventh respondent dated 28.03.2017 and quash the same.

For Petitioner : Mr.B.Ezhil Caroline For Respondents : Dr.T.Seenivasan, Special Government Pleading for R1 and R2 : Mr.G.T.Subramaniam for R3 to R7

ORDER

The petitioner seeks writ of certiorari, challenging the order passed by the seventh respondent dated 28.03.2017.

2. Heard Ms.E.Ezhil Caroline for the petitioner, Dr.T.Seenivasan, for respondents 1 and 2 and Mr.G.T.Subramanian, learned counsel for respondents 3 to 7.

3. The undisputed facts are the petitioner is owner of the property situated in S.No.451/33 bearing Door.No.67, NSK Street, Puzhal Chennai-66. She had purchased the property on 03.08.2006 by way of registered document.

4. The petitioner had put up a construction, after getting approval from the Town Planning Authorities. The property, apart from the building consists of a Well and a Septic Tank.

5. The petitioner’s house is not connected to a Sewage Drainage System. Hence, the petitioner was constrained to utilize a septic tank for the said purpose. As and when the septic tank was filled to its capacity, the petitioner states that she would approach the seventh respondent for the purpose of clearing the same.

6. In and about 2016, the petitioner had approached the seventh respondent, yet again, seeking clearance of the septic tank. The seventh respondent is said to have informed her that no workmen are available with them to do the job and that she is free to engage a private concern to evacuate the waste so collected. Accordingly, the petitioner engaged the services of one Ms.Poongothai having her residence at 1/43, Bajanai Koil Street, Vadakarai, Red Hills, Chennai-52.

7. The said Poongothai was is possession of a Septic Tank Cleaning vehicle which had valid insurance till September 2017. The petitioner engaged the said Poongothai in March 2015 and called upon her to empty the septic tank. The said Poongothai appointed one Mr.Babu to go over to the premises and clear the same.

8. On the date, when claiming was to take place, the petitioner and her husband left the house to attend Women Fellowship Prayer Meeting at their Church. The said Babu commenced the operation for clearance. Unfortunately, he fell into the tank and breathed his last. The petitioner came to know about the same when she returned home, after her prayers were over. By that time, Babu had gone to meet his maker.

9. The allegation of the petitioner is that she never engaged Poongothai for manual cleaning and it was Babu who had on his own entered into the Septic Tank for clearance. This, despite the fact, a vehicle had been sent for the said purpose. . Taking cognizance of the death, a first information report was filed by the Station House Officer of Puzhal Police Station on 29.03.2016.

10. On the account of death, the wife of the said Babu made a claim with the respondents 2 to 7 to compensate her for the death of her husband. The Corporation Authorities relying upon Government Order 109 Municipal Administration and Water Supply (MC3) Department dated 09.03.2017 paid a sum of Rs.10,00,000/- to the dependan