High Court · 2025

WP No. 6328 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 02-04-2025CORAMTHE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASADWP No. 6328 of 2025SubramanianS/o Late A. Deivanayagam,No 91, Kamban Street,Kalaingar Karunanidhi Nagar, Vannarpalayam, Cuddalore.Petitioner(s)Vs1. The District CollectorCuddalore 607 001.2.The Revenue Divisional OfficerCuddalore.3.The CommissionerCuddalore Corporation, Cuddalore.4.The Executive EngineerCuddalore Corporation, Cuddalore.5.The Assistant EngineerCuddalore Corporation, Cuddalore.6.EzhilRespondent(s) https://www.mhc.tn.gov.in/judis WP No. 6328 of 2025Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents 2 to 5 to take appropriate action by disconnecting illegal connections by which the Sewerage pipes directly connected to Rainwater storm drains at Kamban Street, Kalaingar Karunanidhi Nagar, Vannarpalayam, Cuddalore and to take appropriate action against the 6th Respondent as per law and pass.For Petitioner : Mr.T.S.BaskaranFor Respondent(s):Mr. M.Rajendiran,Additional Government Pleader for R1 and R2Mr.M.S.PremkumarGovernment Advocate for R3 & 5M/s. T.Gnana Banufor R6ORDERThis Writ Petition is filed for issuance of a Writ of Mandamus to direct the Respondents 2 to 5 to take appropriate action by disconnecting illegal connections by which the Sewerage pipes directly connected to Rainwater storm drains at Kamban Street, Kalaingar Karunanidhi Nagar, Vannarpalayam, Cuddalore and to take appropriate action against the 6th Respondent as per law. https://www.mhc.tn.gov.in/judis WP No. 6328 of 20252. The case of the petitioner is that he is residing at Door No.91, Kamban Street, Kalaingar Karunanidhi Nagar, Vannarpalayam, Cuddalore, for the past 50 years, which was formed by a Housing Co-operative Society for its members working in the Government Department. Through the efforts and cooperation of the residents in the colony, they were able to get proper roads, street lights and drinking water facilities, however, there is no proper drainage system and especially no underground drainage facility provided in their locality. They are all dependent on the septic tanks installed in their houses. It is stated that the 6th respondent is residing just opposite to the petitioner's house bearing Door No.69, Kamban Street, who is residing only for the past three years. In the year 2022, the Local Authority started putting up a rainwater storm drainage system in their locality. This was constructed to drain the rainwater that was logging into the street during rainy seasons. However, some of the residents including the 6th respondent tried to connect their sewerage pipeline directly to the rainwater storm drain. Moreso, the 6th respondent tried to connect her house septic pipeline with the rainwater storm drain. Hence, the petitioner being the https://www.mhc.tn.gov.in/judis WP No. 6328 of 2025resident of the above locality, submitted a complaint on 10.02.2025 before the 2nd respondent, seeking necessary action and protection for himself and his family members. Whileso, the 6th respondent continued to commit the illegal act and connected the sewerage line from her house septic tank directly to the rainwater storm drain on the other side of the street. Therefore, the petitioner had submitted another representation on 12.02.2025 to the Principal Secretary to the Government and marked copy to the 3rd respondent for appropriate action. Till date, no action has been taken by the respondent Corporation to disconnect the illegal sewerage line connected to the rainwater storm drain. Hence, the petitioner had filed the present writ petition.3. The learned counsel for the petitioner submitted that due to the illegal act of the 6th respondent by connecting the sewerage connection to the rainwater storm drain, which causes more breeding of mosquitoes in the said locality, due to which, the residents of the said colony facing severe health hazardous. Hence, the learned counsel prayed for appropriate directions from this Court. https://www.mhc.tn.gov.in/judis WP No. 6328 of 20254. The learned Government Advocate appearing for the respondent Corporation 3 & 5 by producing written instructions dated 24.03.2025 of the 3rd respondent submitted that the sewerage connection has been disconnected at the residence of the 6th respondent, and not disconnected at the place where the sewerage pipe of the 6th respondent is connected with the rainwater storm drain.5. He further submitted that there is no sewerage pipe is connected with the rain water storm drain and the drain is exclusively for rain water and no sewerage pipe is connected to the said rain water storm drain at Kamban Street, Kalaingar Karunanidhi Nagar, Vannarpalayam, Cuddalore. 6. Heard both sides and perused the materials available on record.7. In view of the submissions made by the learned counsel on either side, and the written instructions dated 24.03.2025 of the 3rd respondent is taken on record and the relevant portion is extracted hereinunder for ready reference:Jg;g[ut[ mYtyh; kw;Wk; cjtpg;bghwpahsh; Mfpnahhpd; Ma;twpf;ifapd;go mf;FoapUg;gpy; cUthFk; kdpjf; fHpt[fs; https://www.mhc.tn.gov.in/judis WP No. 6328 of 2025er;rj;bjhl;oapd; (Septic Tank) K:yk; mg;g[wg;gLj;jg;gLfpwJ/ mf;FoapUg;gpy; cwp";RFHp mikf;fg;gl;L mf;FoapUg;gpy; cUthFk; fHpt[ePh; mjd; K:yk; mg;g[wg;gLj;jg;gl;L tUfpwJ/ kDjhuh; g[fhupy; bjhptpj;Js;sJgo khefuhl;rpapdhy; fl;lg;gl;l kiHePh; tofhy; fhy;thapy; fHpt[ePiu tpltpy;iy vdt[k; kiHePh; bry;tjw;fhf kl;Lk; FHha; gjpf;fg;gl;L kiHePh; tofhy; fhy;tha[ld; ,izf;fg;gl;Ls;sJ/ nkYk; khefuhl;rpapdhy; fl;lg;gl;l kiHePh; tofhy; fhy;tha[ld; ,izf;fg;gl;l FHhia mf;FoapUg;gpd; cl;g[wj;jpy; milf;fg;gl;lJ vdj; bjhptpj;Jf; bfhs;sg;gLfpwJ/mf; FoapUg;g[ chpikahsh; jpUkjp/vHpy; f-bg r';fh; (v) me;njhzpuh$; vd;gtUf;F khefuhl;rp rhiyapid nrjk; bra;jjw;F U:/4229-? Mguhjj;bjhif brYj;j nehl;O!; mDg;gg;gl;Ls;sJ/ Mdhy; ,e;ehs; tiuapy; mguhjj;bjhif khefuhl;rpf;F brYj;jg;gltpy;iy vd;w tptuk; bjhptpj;Jf; bfhs;sg;gLfpwJ/8. Upon perusing the same, this Court directs the 3rd and 5th respondents to disconnect the sewerage pipe at the point where it is connected with the rain water storm drain at Kamban Street, Kalaingar Karunanidhi Nagar, Vannarpalayam, Cuddalore, within a period of two weeks from the date of receipt of a copy of this order. It is also pointed in the written instructions, that the sewerage pipe has been disconnected at the residence of the 6th respondent and not at the point and not at the end where it connects with the rain water storm drain. https://www.mhc.tn.gov.in/judis WP No. 6328 of 20259. This writ petition is disposed of with the above observations and directions. No costs. 10. Post this matter on 23.04.2025 under the caption “reporting compliance”.02-04-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/Nojd https://www.mhc.tn.gov.in/judis WP No. 6328 of 2025To1. 1.The District Collector, Cuddalore 607 001.2.The Revenue Divisional OfficerCuddalore.3.The CommissionerCuddalore Corporation, Cuddalore.4.The Executive EngineerCuddalore Corporation, Cuddalore.5.The Assistant EngineerCuddalore Corporation, Cuddalore. https://www.mhc.tn.gov.in/judis WP No. 6328 of 2025J.SATHYA NARAYANA PRASAD,J.JdW.P.No.6328 of 202502.04.2025

WP No. 6328 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 02-04-2025CORAMTHE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASADWP No. 6328 of 2025SubramanianS/o Late A. Deivanayagam,No 91, Kamban Street,Kalaingar Karunanidhi Nagar, Vannarpalayam, Cuddalore.Petitioner(s)Vs1. The District CollectorCuddalore 607 001.2.The Revenue Divisional OfficerCuddalore.3.The CommissionerCuddalore Corporation, Cuddalore.4.The Executive EngineerCuddalore Corporation, Cuddalore.5.The Assistant EngineerCuddalore Corporation, Cuddalore.6.EzhilRespondent(s) https://www.mhc.tn.gov.in/judis WP No. 6328 of 2025Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents 2 to 5 to take appropriate action by disconnecting illegal connections by which the Sewerage pipes directly connected to Rainwater storm drains at Kamban Street, Kalaingar Karunanidhi Nagar, Vannarpalayam, Cuddalore and to take appropriate action against the 6th Respondent as per law and pass.For Petitioner : Mr.T.S.BaskaranFor Respondent(s):Mr. M.Rajendiran,Additional Government Pleader for R1 and R2Mr.M.S.PremkumarGovernment Advocate for R3 & 5M/s. T.Gnana Banufor R6ORDERThis Writ Petition is filed for issuance of a Writ of Mandamus to direct the Respondents 2 to 5 to take appropriate action by disconnecting illegal connections by which the Sewerage pipes directly connected to Rainwater storm drains at Kamban Street, Kalaingar Karunanidhi Nagar, Vannarpalayam, Cuddalore and to take appropriate action against the 6th Respondent as per law. https://www.mhc.tn.gov.in/judis WP No. 6328 of 20252. The case of the petitioner is that he is residing at Door No.91, Kamban Street, Kalaingar Karunanidhi Nagar, Vannarpalayam, Cuddalore, for the past 50 years, which was formed by a Housing Co-operative Society for its members working in the Government Department. Through the efforts and cooperation of the residents in the colony, they were able to get proper roads, street lights and drinking water facilities, however, there is no proper drainage system and especially no underground drainage facility provided in their locality. They are all dependent on the septic tanks installed in their houses. It is stated that the 6th respondent is residing just opposite to the petitioner's house bearing Door No.69, Kamban Street, who is residing only for the past three years. In the year 2022, the Local Authority started putting up a rainwater storm drainage system in their locality. This was constructed to drain the rainwater that was logging into the street during rainy seasons. However, some of the residents including the 6th respondent tried to connect their sewerage pipeline directly to the rainwater storm drain. Moreso, the 6th respondent tried to connect her house septic pipeline with the rainwater storm drain. Hence, the petitioner being the https://www.mhc.tn.gov.in/judis WP No. 6328 of 2025resident of the above locality, submitted a complaint on 10.02.2025 before the 2nd respondent, seeking necessary action and protection for himself and his family members. Whileso, the 6th respondent continued to commit the illegal act and connected the sewerage line from her house septic tank directly to the rainwater storm drain on the other side of the street. Therefore, the petitioner had submitted another representation on 12.02.2025 to the Principal Secretary to the Government and marked copy to the 3rd respondent for appropriate action. Till date, no action has been taken by the respondent Corporation to disconnect the illegal sewerage line connected to the rainwater storm drain. Hence, the petitioner had filed the present writ petition.3. The learned counsel for the petitioner submitted that due to the illegal act of the 6th respondent by connecting the sewerage connection to the rainwater storm drain, which causes more breeding of mosquitoes in the said locality, due to which, the residents of the said colony facing severe health hazardous. Hence, the learned counsel prayed for appropriate directions from this Court. https://www.mhc.tn.gov.in/judis WP No. 6328 of 20254. The learned Government Advocate appearing for the respondent Corporation 3 & 5 by producing written instructions dated 24.03.2025 of the 3rd respondent submitted that the sewerage connection has been disconnected at the residence of the 6th respondent, and not disconnected at the place where the sewerage pipe of the 6th respondent is connected with the rainwater storm drain.5. He further submitted that there is no sewerage pipe is connected with the rain water storm drain and the drain is exclusively for rain water and no sewerage pipe is connected to the said rain water storm drain at Kamban Street, Kalaingar Karunanidhi Nagar, Vannarpalayam, Cuddalore. 6. Heard both sides and perused the materials available on record.7. In view of the submissions made by the learned counsel on either side, and the written instructions dated 24.03.2025 of the 3rd respondent is taken on record and the relevant portion is extracted hereinunder for ready reference:Jg;g[ut[ mYtyh; kw;Wk; cjtpg;bghwpahsh; Mfpnahhpd; Ma;twpf;ifapd;go mf;FoapUg;gpy; cUthFk; kdpjf; fHpt[fs; https://www.mhc.tn.gov.in/judis WP No. 6328 of 2025er;rj;bjhl;oapd; (Septic Tank) K:yk; mg;g[wg;gLj;jg;gLfpwJ/ mf;FoapUg;gpy; cwp";RFHp mikf;fg;gl;L mf;FoapUg;gpy; cUthFk; fHpt[ePh; mjd; K:yk; mg;g[wg;gLj;jg;gl;L tUfpwJ/ kDjhuh; g[fhupy; bjhptpj;Js;sJgo khefuhl;rpapdhy; fl;lg;gl;l kiHePh; tofhy; fhy;thapy; fHpt[ePiu tpltpy;iy vdt[k; kiHePh; bry;tjw;fhf kl;Lk; FHha; gjpf;fg;gl;L kiHePh; tofhy; fhy;tha[ld; ,izf;fg;gl;Ls;sJ/ nkYk; khefuhl;rpapdhy; fl;lg;gl;l kiHePh; tofhy; fhy;tha[ld; ,izf;fg;gl;l FHhia mf;FoapUg;gpd; cl;g[wj;jpy; milf;fg;gl;lJ vdj; bjhptpj;Jf; bfhs;sg;gLfpwJ/mf; FoapUg;g[ chpikahsh; jpUkjp/vHpy; f-bg r';fh; (v) me;njhzpuh$; vd;gtUf;F khefuhl;rp rhiyapid nrjk; bra;jjw;F U:/4229-? Mguhjj;bjhif brYj;j nehl;O!; mDg;gg;gl;Ls;sJ/ Mdhy; ,e;ehs; tiuapy; mguhjj;bjhif khefuhl;rpf;F brYj;jg;gltpy;iy vd;w tptuk; bjhptpj;Jf; bfhs;sg;gLfpwJ/8. Upon perusing the same, this Court directs the 3rd and 5th respondents to disconnect the sewerage pipe at the point where it is connected with the rain water storm drain at Kamban Street, Kalaingar Karunanidhi Nagar, Vannarpalayam, Cuddalore, within a period of two weeks from the date of receipt of a copy of this order. It is also pointed in the written instructions, that the sewerage pipe has been disconnected at the residence of the 6th respondent and not at the point and not at the end where it connects with the rain water storm drain. https://www.mhc.tn.gov.in/judis WP No. 6328 of 20259. This writ petition is disposed of with the above observations and directions. No costs. 10. Post this matter on 23.04.2025 under the caption “reporting compliance”.02-04-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/Nojd https://www.mhc.tn.gov.in/judis WP No. 6328 of 2025To1. 1.The District Collector, Cuddalore 607 001.2.The Revenue Divisional OfficerCuddalore.3.The CommissionerCuddalore Corporation, Cuddalore.4.The Executive EngineerCuddalore Corporation, Cuddalore.5.The Assistant EngineerCuddalore Corporation, Cuddalore. https://www.mhc.tn.gov.in/judis WP No. 6328 of 2025J.SATHYA NARAYANA PRASAD,J.JdW.P.No.6328 of 202502.04.2025