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W.P. No. 926 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 27.02.2024CORAMTHE HON'BLE MR. JUSTICE P.D. AUDIKESAVALUW.P. No. 926 of 2024andW.M.P. No. 962 of 2024K.S. Saravanan … Petitioner -vs-1. The District Collector, District Collectorate, Salem District, Salem 636 001.2. The Joint Director/Planning Director, District Rural Development, Salem, Salem District. 3. The Revenue Divisional Officer, Revenue Divisional Office, Sankagiri, Sankagiri Taluk, Salem 636 005.4. The Block Development Officer, Block Development Office, Magudanchavadi, Salem District.5. The Tahsildar, Sankagiri Taluk Office, Sankagiri, Salem District. 6. The Superintending Engineer, Highways Department, No.2, Steel Plant Road, East Railway Colony, Sooramangalam, Salem 636 005.1/12 https://www.mhc.tn.gov.in/judis W.P. No. 926 of 20247. The President, Kanagagiri Village, Kalapalayam Post, Sankagiri Taluk, Salem District.8. Siranjilal Spinning Mills, Rep. by its Manager, Kakkapalayam, Sankagiri Taluk, Salem District.9. R.Govindaraj, Apartment Building, Attayampatty Main Road, Kakkapalayam, Sankagiri Taluk, Salem District. ... RespondentsPrayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Fourth to Seventh Respondents to implement the proceedings of the Third Respondent in Mu.Mu.3260/2022 (C) dated 17.10.2022 to prevent discharging of sewage waste through pipe lines from the spinning unit and apartment building of 8th and 9th respondents into the storm water drain of the Highways department in Kanagagiri Village, Kakkapalayam, Sankagiri Taluk. For Petitioner: Mr. R.Muruga BharathiFor Respondents: Mr. S.PrabhakaranGovernment Advocate(for R1 to R3, R5 and R6)Mr. M.Shahjahan (for R4 and R7)No appearance (for R8)Mr. T.N.Rangesh Kanna (for R9)2/12 https://www.mhc.tn.gov.in/judis W.P. No. 926 of 2024O R D E RHeard Mr. R.Muruga Bharathi, Learned Counsel for the Petitioner, Mr. S.Prabhakaran, Learned Government Advocate appearing for the First to Third, Fifth and Sixth Respondents, Mr. M.Shahjahan, Learned Counsel for the Fourth to Seventh Respondents and Mr. T.N.Rajesh Kanna, Learned Counsel for the Ninth Respondents and perused the materials placed on record, apart from the pleadings of the parties.2.The Petitioner had made representations dated 21.03.2022 and 25.05.2022 to the First, Third, Fifth and Sixth Respondents seeking to prevent discharge of sewage waste through pipelines from the spinning unit and apartment building of the Eighth and Ninth Respondents into storm water drain of the Highways Department in Kanagigiri Village, Kakkapalayam, Sankagiri Taluk, but as it did not evoke any response, he had filed a Writ Petition in W.P. No. 18293 of 2022, which was disposed by order dated 19.07.2022 holding as follows:-“7.For the foregoing reasons, this Court directs the second respondent to consider the petitioner's 3/12 https://www.mhc.tn.gov.in/judis W.P. No. 926 of 2024representations dated 21.03.2022 and 25.05.2022 requesting the respondents to prevent discharge of sewage waste through pipe lines from the spinning unit and apartment building of 5 th and 6 th respondents into the storm water drain of the Highways Department in Kanagagiri Village, Kakkapalayam, Sankagiri Taluk and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner and the respondents 4 and 5 including granting them the right of personal hearing within a period of eight weeks from the date of receipt of a copy of this order.”In furtherance to the said order, the Third Respondent, by proceedings in Moo.Mu.3260/2022 (c) dated 17.10.2022, had passed the following order:-“10/vdnt. nryk; khtl;lk;. r';ffphp tl;lk;. fdffphp fpuhkj;jpy; cs;s rpu";rpyhy; !;gpd;dp'; kpy; kw;Wk; mLf;Fkho FoapUg;g[ gFjp Mfpatw;wpypUe;J btspnaw;wg;gLk; fHpt[ ePuhdJ kDjhuhpd; gl;lh epyj;jpy; bry;yhjthWk; nkw;go fpuhkk;. brl;oahh;fhL gFjpapy; cs;s tPLfspypUe;J btspnaWk; fHpt[ ePhpida[k; vt;tifapYk; gl;lh epy';fs;. 4/12 https://www.mhc.tn.gov.in/judis W.P. No. 926 of 2024FoapUg;g[ gFjp ghjpf;ffhj tz;zk; FHha;fs; K:yk; xU nru ,ize;J bfhz;L te;J chpa tofhy; mikg;gpid Vw;gLj;jp fHpt[ ePhpid btspnaw;w chpa eltof;if vLf;f khz;gik brd;id cah;ePjpkd;w tHf;F vz; W.P. No.18293-2022 and W.M.P.17651-2022 Mfpatw;wpd; jPh;g;g[iuapd; mog;gilapy; kFl";rhto tl;lhu tsh;r;rp mYtyUf;F cj;jutplg;gLfpwJ/11/nkYk;. rpu";rpyhy; !;gpd;dp'; kpy;ypUe;J fHpt[ ePh; btspnaWtjhYk;. fHpt[ ePh; chpa Kiwapy; Rj;jfhpf;fg;gLfpwjh vd;gij khtl;l Rw;Wr;N:Hy; bghwpahsh;. jkpH;ehL khR fl;Lg;ghl;L thhpak;. ryk; cWjp bra;a ntz;Lk; vd nfl;Lf; bfhs;sg;gLfpwJ/”3.In that backdrop, this Writ Petition has been filed seeking to direct the Fourth to Seventh Respondents to implement the aforesaid order passed by the Third Respondent to prevent discharge of sewage waste through pipelines from the spinning unit and apartment building of the Eighth and Ninth Respondents into storm water drain of the Highways Department in Kanagigiri Village, Kakkapalayam, Sankagiri Taluk. This Court, during the earlier hearing on 18.01.2024, had passed the following order:-5/12 https://www.mhc.tn.gov.in/judis W.P. No. 926 of 2024“3.The Fourth to Seventh Respondents shall file report of the action taken in furtherance to the Proceedings No. Moo. Mu. 3260/2022 (C) dated 17.10.2022 of the Third Respondent. If the Fourth and Seventh Respondents are not able to take any action, Counter-Affidavit shall be filed explaining the reasons for the same, before the next hearing.”4.In compliance of the aforesaid order, the Fourth Respondent has filed Counter-Affidavit, stating as follows:-“7.With respect to the averments made in Paragraphs No.13 to 16 of the affidavit filed in support of the writ petition, I respectfully submit that meanwhile th 4th respondent hired MANASAROVAR CONSULTANT ENGINEERS, Salem District for surveying and mapping the proposed work of construction of Drainage from Kakapalayam Attayampatty Road to Siranjilal Spinning Mill in Kanagagiri Village of Magudanchavadi Panchayat Union, Salem District and the technical drawing has been obtained. Based on this technical drawing, the 4th respondent has 6/12 https://www.mhc.tn.gov.in/judis W.P. No. 926 of 2024called for the opinion of the Assistant Engineer (RD), Block Development Office, Magudanchavadi, Salem District in his Roc.No.2958/2013/Thi2 dated 22.02.2024. Accordingly, the above engineer vide in his letter date 23.02.2024 has opined that the sewage drainage cannot be constructed on the left of the said MDR – 133 Kakapalayam to Attayampatty Road, since there is already combined Water Supply Scheme water pipelines are running. Further on the right side of the said road, the upland is to a height of 6 meters, and hence laying drainage with 6 meters depth is not possible and thus the said sewage construction work is not feasible one either on the right or left side of the said MDR-133 Kakapalayam to Attayampatty Road. Further he has also recommended constructing individual soak pits to all households from where the sewage water is being discharged. Based on this, further actions are being pursued by the 4th respondent.” 5.The Sixth Respondent has also filed a status report dated 26.04.2024 in which it has been stated as follows:-7/12 https://www.mhc.tn.gov.in/judis W.P. No. 926 of 2024“11.As per RDO Letter No. 4917/2023 (C) dated 18.01.2024 Joint inspection has been conducted along with Assistant Engineer, Tamil Nadu Pollution Control Board, Tahsildar Sankari, Block Development Officer Magudanchavadi & Assistant Divisional Engineer (H) Sankari on 19.01.2024. Based on joint inspection, the instruction has been given to Block Development Officer & President Kanakagiri to construct the drain with proper disposal without affecting petitioner land. 12.Recently the Block Development Officer Magudanchavadi has sent one letter No.2958/2013/T2/dated 20.02.2024 to the Assistant Divisional Engineer, Highways Sankagiri stating that a new scheme regarding the sewage drainage from Siranjilal spinning mills to NH 47 (East to West) instead of soak pit. The Block Development Officer Magudanchavadi has contacted the Additional Collector/Project Officer Salem for administrative sanction to the new scheme. The Additional Collector/Project Officer has refused to give administrative sanction and fund cannot 8/12 https://www.mhc.tn.gov.in/judis W.P. No. 926 of 2024be provided as the drain comes under the Highways lands. As such the Highways Department can take up the work from their fund. 13.In this connection, it is submitted the details as follows:-1. The property tax, water tax are collected by the respective Panchayat from the house owners and Industrial owners.2. Providing sewage water drain is the primary duty of the Local bodies. i.e., the Block Development Officers and Panchayat Presidents.3. Disposing of sewage waste does not come under the purview of highways department and moreover the sewage water drain is not constructed under highways department.4. Already the Kanakagiri Panchayat has constructed 250 meters length of sewage water drain in Highways Land.5. Permission/NOC can be given to the Local bodies to construct the sewage water drain on requisition.” In view of the aforesaid action taken by the Fourth and Sixth Respondents, 9/12 https://www.mhc.tn.gov.in/judis W.P. No. 926 of 2024nothing remains for further consideration in the Writ Petition, but if the Petitioner still has any grievance to be redressed in the matter, he is not precluded from working out his rights before the proper forum in the manner recognized by law.In fine, the Writ Petition is disposed with the aforesaid observations. Consequently, connected Miscellaneous Petition is closed. No costs. 13.02.2024Index: Yes/NoNCC: Yes/NoNote: Issue order copy by 25.03.2024.gsaTo 1. The District Collector, District Collectorate, Salem District, Salem 636 001.2. The Joint Director/Planning Director, District Rural Development, Salem, Salem District. 3. The Revenue Divisional Officer, Revenue Divisional Office, Sankagiri, Sankagiri Taluk, Salem 636 005.4. The Block Development Officer, Block Development Office, Magudanchavadi, Salem District.5. The Tahsildar,10/12 https://www.mhc.tn.gov.in/judis W.P. No. 926 of 2024 Sankagiri Taluk Office, Sankagiri, Salem District. 6. The Superintending Engineer, Highways Department, No.2, Steel Plant Road, East Railway Colony, Sooramangalam, Salem 636 005.7. The President, Kanagagiri Village, Kalapalayam Post, Sankagiri Taluk, Salem District.11/12 https://www.mhc.tn.gov.in/judis W.P. No. 926 of 2024P.D. AUDIKESAVALU, J.gsaW.P. No. 926 of 202427.02.202412/12
W.P. No. 926 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 27.02.2024CORAMTHE HON'BLE MR. JUSTICE P.D. AUDIKESAVALUW.P. No. 926 of 2024andW.M.P. No. 962 of 2024K.S. Saravanan … Petitioner -vs-1. The District Collector, District Collectorate, Salem District, Salem 636 001.2. The Joint Director/Planning Director, District Rural Development, Salem, Salem District. 3. The Revenue Divisional Officer, Revenue Divisional Office, Sankagiri, Sankagiri Taluk, Salem 636 005.4. The Block Development Officer, Block Development Office, Magudanchavadi, Salem District.5. The Tahsildar, Sankagiri Taluk Office, Sankagiri, Salem District. 6. The Superintending Engineer, Highways Department, No.2, Steel Plant Road, East Railway Colony, Sooramangalam, Salem 636 005.1/12 https://www.mhc.tn.gov.in/judis W.P. No. 926 of 20247. The President, Kanagagiri Village, Kalapalayam Post, Sankagiri Taluk, Salem District.8. Siranjilal Spinning Mills, Rep. by its Manager, Kakkapalayam, Sankagiri Taluk, Salem District.9. R.Govindaraj, Apartment Building, Attayampatty Main Road, Kakkapalayam, Sankagiri Taluk, Salem District. ... RespondentsPrayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Fourth to Seventh Respondents to implement the proceedings of the Third Respondent in Mu.Mu.3260/2022 (C) dated 17.10.2022 to prevent discharging of sewage waste through pipe lines from the spinning unit and apartment building of 8th and 9th respondents into the storm water drain of the Highways department in Kanagagiri Village, Kakkapalayam, Sankagiri Taluk. For Petitioner: Mr. R.Muruga BharathiFor Respondents: Mr. S.PrabhakaranGovernment Advocate(for R1 to R3, R5 and R6)Mr. M.Shahjahan (for R4 and R7)No appearance (for R8)Mr. T.N.Rangesh Kanna (for R9)2/12 https://www.mhc.tn.gov.in/judis W.P. No. 926 of 2024O R D E RHeard Mr. R.Muruga Bharathi, Learned Counsel for the Petitioner, Mr. S.Prabhakaran, Learned Government Advocate appearing for the First to Third, Fifth and Sixth Respondents, Mr. M.Shahjahan, Learned Counsel for the Fourth to Seventh Respondents and Mr. T.N.Rajesh Kanna, Learned Counsel for the Ninth Respondents and perused the materials placed on record, apart from the pleadings of the parties.2.The Petitioner had made representations dated 21.03.2022 and 25.05.2022 to the First, Third, Fifth and Sixth Respondents seeking to prevent discharge of sewage waste through pipelines from the spinning unit and apartment building of the Eighth and Ninth Respondents into storm water drain of the Highways Department in Kanagigiri Village, Kakkapalayam, Sankagiri Taluk, but as it did not evoke any response, he had filed a Writ Petition in W.P. No. 18293 of 2022, which was disposed by order dated 19.07.2022 holding as follows:-“7.For the foregoing reasons, this Court directs the second respondent to consider the petitioner's 3/12 https://www.mhc.tn.gov.in/judis W.P. No. 926 of 2024representations dated 21.03.2022 and 25.05.2022 requesting the respondents to prevent discharge of sewage waste through pipe lines from the spinning unit and apartment building of 5 th and 6 th respondents into the storm water drain of the Highways Department in Kanagagiri Village, Kakkapalayam, Sankagiri Taluk and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner and the respondents 4 and 5 including granting them the right of personal hearing within a period of eight weeks from the date of receipt of a copy of this order.”In furtherance to the said order, the Third Respondent, by proceedings in Moo.Mu.3260/2022 (c) dated 17.10.2022, had passed the following order:-“10/vdnt. nryk; khtl;lk;. r';ffphp tl;lk;. fdffphp fpuhkj;jpy; cs;s rpu";rpyhy; !;gpd;dp'; kpy; kw;Wk; mLf;Fkho FoapUg;g[ gFjp Mfpatw;wpypUe;J btspnaw;wg;gLk; fHpt[ ePuhdJ kDjhuhpd; gl;lh epyj;jpy; bry;yhjthWk; nkw;go fpuhkk;. brl;oahh;fhL gFjpapy; cs;s tPLfspypUe;J btspnaWk; fHpt[ ePhpida[k; vt;tifapYk; gl;lh epy';fs;. 4/12 https://www.mhc.tn.gov.in/judis W.P. No. 926 of 2024FoapUg;g[ gFjp ghjpf;ffhj tz;zk; FHha;fs; K:yk; xU nru ,ize;J bfhz;L te;J chpa tofhy; mikg;gpid Vw;gLj;jp fHpt[ ePhpid btspnaw;w chpa eltof;if vLf;f khz;gik brd;id cah;ePjpkd;w tHf;F vz; W.P. No.18293-2022 and W.M.P.17651-2022 Mfpatw;wpd; jPh;g;g[iuapd; mog;gilapy; kFl";rhto tl;lhu tsh;r;rp mYtyUf;F cj;jutplg;gLfpwJ/11/nkYk;. rpu";rpyhy; !;gpd;dp'; kpy;ypUe;J fHpt[ ePh; btspnaWtjhYk;. fHpt[ ePh; chpa Kiwapy; Rj;jfhpf;fg;gLfpwjh vd;gij khtl;l Rw;Wr;N:Hy; bghwpahsh;. jkpH;ehL khR fl;Lg;ghl;L thhpak;. ryk; cWjp bra;a ntz;Lk; vd nfl;Lf; bfhs;sg;gLfpwJ/”3.In that backdrop, this Writ Petition has been filed seeking to direct the Fourth to Seventh Respondents to implement the aforesaid order passed by the Third Respondent to prevent discharge of sewage waste through pipelines from the spinning unit and apartment building of the Eighth and Ninth Respondents into storm water drain of the Highways Department in Kanagigiri Village, Kakkapalayam, Sankagiri Taluk. This Court, during the earlier hearing on 18.01.2024, had passed the following order:-5/12 https://www.mhc.tn.gov.in/judis W.P. No. 926 of 2024“3.The Fourth to Seventh Respondents shall file report of the action taken in furtherance to the Proceedings No. Moo. Mu. 3260/2022 (C) dated 17.10.2022 of the Third Respondent. If the Fourth and Seventh Respondents are not able to take any action, Counter-Affidavit shall be filed explaining the reasons for the same, before the next hearing.”4.In compliance of the aforesaid order, the Fourth Respondent has filed Counter-Affidavit, stating as follows:-“7.With respect to the averments made in Paragraphs No.13 to 16 of the affidavit filed in support of the writ petition, I respectfully submit that meanwhile th 4th respondent hired MANASAROVAR CONSULTANT ENGINEERS, Salem District for surveying and mapping the proposed work of construction of Drainage from Kakapalayam Attayampatty Road to Siranjilal Spinning Mill in Kanagagiri Village of Magudanchavadi Panchayat Union, Salem District and the technical drawing has been obtained. Based on this technical drawing, the 4th respondent has 6/12 https://www.mhc.tn.gov.in/judis W.P. No. 926 of 2024called for the opinion of the Assistant Engineer (RD), Block Development Office, Magudanchavadi, Salem District in his Roc.No.2958/2013/Thi2 dated 22.02.2024. Accordingly, the above engineer vide in his letter date 23.02.2024 has opined that the sewage drainage cannot be constructed on the left of the said MDR – 133 Kakapalayam to Attayampatty Road, since there is already combined Water Supply Scheme water pipelines are running. Further on the right side of the said road, the upland is to a height of 6 meters, and hence laying drainage with 6 meters depth is not possible and thus the said sewage construction work is not feasible one either on the right or left side of the said MDR-133 Kakapalayam to Attayampatty Road. Further he has also recommended constructing individual soak pits to all households from where the sewage water is being discharged. Based on this, further actions are being pursued by the 4th respondent.” 5.The Sixth Respondent has also filed a status report dated 26.04.2024 in which it has been stated as follows:-7/12 https://www.mhc.tn.gov.in/judis W.P. No. 926 of 2024“11.As per RDO Letter No. 4917/2023 (C) dated 18.01.2024 Joint inspection has been conducted along with Assistant Engineer, Tamil Nadu Pollution Control Board, Tahsildar Sankari, Block Development Officer Magudanchavadi & Assistant Divisional Engineer (H) Sankari on 19.01.2024. Based on joint inspection, the instruction has been given to Block Development Officer & President Kanakagiri to construct the drain with proper disposal without affecting petitioner land. 12.Recently the Block Development Officer Magudanchavadi has sent one letter No.2958/2013/T2/dated 20.02.2024 to the Assistant Divisional Engineer, Highways Sankagiri stating that a new scheme regarding the sewage drainage from Siranjilal spinning mills to NH 47 (East to West) instead of soak pit. The Block Development Officer Magudanchavadi has contacted the Additional Collector/Project Officer Salem for administrative sanction to the new scheme. The Additional Collector/Project Officer has refused to give administrative sanction and fund cannot 8/12 https://www.mhc.tn.gov.in/judis W.P. No. 926 of 2024be provided as the drain comes under the Highways lands. As such the Highways Department can take up the work from their fund. 13.In this connection, it is submitted the details as follows:-1. The property tax, water tax are collected by the respective Panchayat from the house owners and Industrial owners.2. Providing sewage water drain is the primary duty of the Local bodies. i.e., the Block Development Officers and Panchayat Presidents.3. Disposing of sewage waste does not come under the purview of highways department and moreover the sewage water drain is not constructed under highways department.4. Already the Kanakagiri Panchayat has constructed 250 meters length of sewage water drain in Highways Land.5. Permission/NOC can be given to the Local bodies to construct the sewage water drain on requisition.” In view of the aforesaid action taken by the Fourth and Sixth Respondents, 9/12 https://www.mhc.tn.gov.in/judis W.P. No. 926 of 2024nothing remains for further consideration in the Writ Petition, but if the Petitioner still has any grievance to be redressed in the matter, he is not precluded from working out his rights before the proper forum in the manner recognized by law.In fine, the Writ Petition is disposed with the aforesaid observations. Consequently, connected Miscellaneous Petition is closed. No costs. 13.02.2024Index: Yes/NoNCC: Yes/NoNote: Issue order copy by 25.03.2024.gsaTo 1. The District Collector, District Collectorate, Salem District, Salem 636 001.2. The Joint Director/Planning Director, District Rural Development, Salem, Salem District. 3. The Revenue Divisional Officer, Revenue Divisional Office, Sankagiri, Sankagiri Taluk, Salem 636 005.4. The Block Development Officer, Block Development Office, Magudanchavadi, Salem District.5. The Tahsildar,10/12 https://www.mhc.tn.gov.in/judis W.P. No. 926 of 2024 Sankagiri Taluk Office, Sankagiri, Salem District. 6. The Superintending Engineer, Highways Department, No.2, Steel Plant Road, East Railway Colony, Sooramangalam, Salem 636 005.7. The President, Kanagagiri Village, Kalapalayam Post, Sankagiri Taluk, Salem District.11/12 https://www.mhc.tn.gov.in/judis W.P. No. 926 of 2024P.D. AUDIKESAVALU, J.gsaW.P. No. 926 of 202427.02.202412/12