W.P.[MD]No.2800 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 11.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

W.P.[MD]No.2800 of 2022

M.Ganesan

... Petitioner

Vs.

1.The District Collector,

Virudhunagar District.

Virudhunagar.

2.The Assistant Director (Panchayat),

Office of the District Collector,

Virudhunagar District.

3.The Executive Officer,

Thalavaipuram Panchayat,

Thalavaipuram,

Rajapalayam,

Virudhunagar District.

4.The Block Development Officer,

Rajapalayam,

Virudhunagar District.

5.The Tahsildar,

Rajapalayam,

Virudhunagar District.

6.The Block Medical Officer,

Government Primary Health Centre,

Jamin Kollangkondan,

Rajapalayam Taluk,

Virudhunagar District.

7.The President,

Thalavaipuram Panchayat,

Thalavaipuram,

Rajapalayam,

Virudhunagar District.

8.The Block Health Supervisor,

Government Primary Health Centre,

Jamin Kollangkondan,

Rajapalayam Taluk,

Virudhunagar District.

9.Meenammal

... Respondents

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W.P.[MD]No.2800 of 2022

P RAYER:

Writ Petition filed under Article 226 of the Constitution of

India for issuance of Writ of Mandamus, directing the third

respondent to act upon the proceedings of the eighth respondent

dated 14.12.2017 and also direct the fourth respondent to act upon

the proceedings of the second respondent in Na.Ka.E7/2894/2021 dated

23.12.2021 and also to consider and pass orders on the petitioner's

representation dated 01.12.2021 within the period that may be

stipulated by this Court.

For Petitioner

: Mr.M.Jerin Mathew

For Respondents 1,2,5,6 & 8 : Mr.T.Amjad Khan

Government Advocate

For Respondents 3, 4 & 7 : Mr.S.R.A.Ramachandran

Additional Government Pleader

O R D E R

***********

This writ petition has been filed for a Mandamus seeking for a

direction to the third and fourth respondents to consider the

petitioner's representation dated 01.12.2021 seeking to take action

against the ninth respondent.

2.According to the petitioner, the ninth respondent from her

house has been letting the drainage water in the open without

constructing a proper pipeline and the petitioner being his

neighbour is affected by the same. In such circumstances, the

petitioner has given a representation dated 01.12.2021 to the

official respondents calling upon them to take action against the

ninth respondent. Since the said representation has not been

considered till date, this writ petition has been filed.

3.Heard Mr.M.Jerin Mathew, learned Counsel for the petitioner,

Mr.T.Amjad Khan, learned Government Advocate who accepts notice on

behalf of respondents 1, 2, 5, 6 & 8 and Mr.S.R.A.Ramachandran,

learned Additional Government Pleader who accepts notice on behalf

of respondents 3, 4 and 7.

4.No prejudice would be caused to the official respondents if

the representation of the petitioner dated 01.12.2021 is considered

on merits and in accordance with law after affording a fair

opportunity of hearing the petitioner as well as the ninth

respondent.

5.It is the case of the petitioner that he is a neighbour of

the ninth respondent and that the ninth respondent has been letting

the drainage water from her house in the open and she has not

constructed a proper pipeline for the same causing nuisance to the

petitioner. This has to be examined by the official respondents.

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W.P.[MD]No.2800 of 2022

6.For the foregoing reasons, this Court directs the third and

fourth respondents to pass final orders on the petitioner's

representation dated 01.12.2021 requesting the official respondents

to take action against the ninth respondent as according to him the

ninth respondent who is his neighbour has been letting the drainage

water from her house in the open and she ha