High Court · 2024

W.P.No.31763 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 29.10.2024CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.No.31763 of 2024 andWMP.No.34513 of 2024Saveetha Medical and Educational Trust,Represented by its Managing Trustee,Dr.N.M.Veeraiyan,Saveetha Nagar, Thandalam,Kancheepuram District 602 105 ... PetitionerVs.1.The Chief Engineer, Water Resources Department, Public Works Department, Chennai Region, Chepauk, Chennai 600 0052.The Executive Engineer, Water Resources Department, Krishna Water Supply Project Division-1, Public Works Department, Chepauk, Chennai 600 005... RespondentsPRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Mandamus forbearing the respondents 1 and 2 or 1/10 https://www.mhc.tn.gov.in/judis W.P.No.31763 of 2024any other authority from taking any action for blocking the rain water discharge outlet points in the petitioner campus, the culvert and the bund without proper enquiry, inspection as long as the petitioner is discharging only the rainwater/storm water from its college premises. For Petitioner: Mr.S.Silambanan, Senior Counsel for Mr.M.Babu BarveezFor Respondents : Mr.P.S.Raman, Advocate General Assisted by Mr.V.Manoharan, Additional Government PleaderORDERThis writ petition has been filed for direction forbearing the respondents 1 and 2 from taking any action for blocking the rain water discharge outlet points in the petitioner campus.2.The petitioner is a medical college attached with 24x7 medical service. It owns 119 acres of land at Thandalam Village and after obtaining all required and necessary permissions from the authority concerned, the college premises was constructed. The entire campus is situated adjacent to Krishna Water Channel in which water flows into 2/10 https://www.mhc.tn.gov.in/judis W.P.No.31763 of 2024Chembarambakkam lake for drinking purpose. The entire land of the petitioner is in the water catchment area and as such, rain water from neighbouring area flows almost towards the petitioner institution. Further, the petitioner also installed effluent treatment plant - 25 KLD and 2 sewage treatment plants. This caters to the treatment of the sewage discharged by the hostels, colleges and hospital, etc. in the campus. The treated water is used for gardening, solar plant and other purposes. The petitioner has all clearances and necessary permissions with regard to the management of the rain water drainage. The Public Works Department has constructed a culvert just outside the compound wall where the harvested rain water flows from the college into the culvert and it is redirected into Chembarambakkam lake through another bund in which provision is made for the water to enter the lake. On the eastern side of the premises, there is VGP Industrial Complex and adjacent to that is Vijayshanthi Infinity Apartments and Chettipedu Village. All the above three areas are in a higher elevated landmass and all the water from there flows towards the petitioner institution due to gravity. Further, there is no sewage treatment plant either in Chettipedu Village or in VGP Industrial Complex or in Vijayshanthi Infinity Apartments. They are discharging 3/10 https://www.mhc.tn.gov.in/judis W.P.No.31763 of 2024the untreated sewage waste in the vacant land which automatically flows towards the petitioner institution. Though the petitioner has constructed compound wall around the college, there is a provision to let out the rain water which flows through culvert and finally flows into lake. However, during rainy season, sewage water also flows in the same way and mixes with rain water. Therefore, it spoils the entire drinking water which flows to the Krishna Water Channel and then flows to the Chembarambakkam lake. Therefore, the respondents have now closed the culvert and bund which drains the storm water of the petitioner. 3.On instruction, Mr.P.S.Raman, the learned Advocate General appearing for the respondents reported that the petitioner is letting out sewage water into Krishna Water Channel. Therefore, it is necessary to prevent the sewage water from mixing with rain water to protect the drinking water channel. 4.However, the above contention was denied by the petitioner. Therefore, this Court appointed an advocate commissioner to inspect the subject place and file a report with regard to petitioner's drainage outlet 4/10 https://www.mhc.tn.gov.in/judis W.P.No.31763 of 2024and rain water outlet finding out the place from where the sewage water flows into Krishna Water Channel. The advocate commissioner had inspected the petitioner premises on 24.10.2024 along with the petitioner and respondents' officials and noticed that there are residential complexes situated on the eastern side of the petitioner premises i.e. Vijayshanthi Apartment Complex and VGP Queen Town. The sewage water is continuously flowing from Vijayshanthi Apartment Complex, which runs in front of next residential houses called as 'VGP Towers'. Thereafter, it flows into petitioner premises and it mixes with rain water outlet of the petitioner and flows to the Krishna Water Channel bund. Therefore, there is a huge mud barrier put up by the respondents which blocks the mixing of sewage water into the Krishna Water Channel. 4.1Further, the advocate commissioner also finds that the petitioner institution is having a separate sewage treatment plant. There is no sewage outlet visible to the naked eye from the petitioner premises running upto Krishna Water Channel. However, both rain water and sewage water running from Vijayshanthi Apartment Complex mixes inside the petitioner premises and then runs to Krishna Water Channel. 5/10 https://www.mhc.tn.gov.in/judis W.P.No.31763 of 2024Thus it is clear that the above two complexes situated on the eastern side of the petitioner institution are letting the sewage water and the same flows into petitioner institution. Thereafter, it mixes with rain water outlet of the petitioner and runs to Krishna Water Channel. Therefore, the respondents rightly closed the culvert by a huge mud barrier in order to block the mixing of sewage water into Krishna Water Channel. 5.Therefore, the petitioner shall have to prevent the drainage water which flows from its adjacent complexes such as VGP Industrial Complex and Vijayshanthi Infinity Apartments into the petitioner premises. Thereafter, the respondents must ensure that no sewage water is mixing with rain water outlet of the petitioner and allow the rain water to flow into the Krishna Water Channel. 6.Mr.S.Silambanan, the learned Senior Counsel appearing for the petitioner submitted that today the petitioner is taking all the machineries to prevent the sewage water flows from the adjacent complexes by strengthening its compound wall. 6/10 https://www.mhc.tn.gov.in/judis W.P.No.31763 of 20247.The learned Advocate General also submitted that if the petitioner completely prevents the sewage water flows from neighbouring complexes to the petitioner institution and also stops letting out any sewage water from the petitioner institution into the Krishna Water Channel, the respondents will remove the mud barrier and open the final point of Krishna Water Channel from the petitioner premises and let the rain water flows into the Krishna Water Channel.8.In view of the above submissions, the petitioner is directed to prevent the sewage / drainage water flows from eastern side adjacent complexes such as VGP Industrial Complex and Vijayshanthi Infinity Apartments by strengthening the compound wall and to report before the respondents. On receipt of the said report, the respondents are directed to inspect the petitioner premises and if no drainage / sewage water is letting out from the petitioner institution, they shall remove the mud barrier created at the end point of the petitioner premises in the Krishna Water Channel and shall ensure free flow of rain water from the petitioner premises to Krishna Water Channel.7/10 https://www.mhc.tn.gov.in/judis W.P.No.31763 of 20249.Further, the petitioner is directed to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as additional remuneration to the advocate commissioner within a period of one week from the date of receipt of copy of this order. 10.With the above directions, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 29.10.2024Neutral citation: Yes/No Index: Yes/NoSpeaking/Non-speaking orderlokNote: Issue order copy on 30.10.20248/10 https://www.mhc.tn.gov.in/judis W.P.No.31763 of 2024To1.The Chief Engineer, Water Resources Department, Public Works Department, Chennai Region, Chepauk, Chennai 600 0052.The Executive Engineer, Water Resources Department, Krishna Water Supply Project Division-1, Public Works Department, Chepauk, Chennai 600 0059/10 https://www.mhc.tn.gov.in/judis W.P.No.31763 of 2024G.K.ILANTHIRAIYAN, J.lokW.P.No.31763 of 202429.10.2024 10/10

W.P.No.31763 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 29.10.2024CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.No.31763 of 2024 andWMP.No.34513 of 2024Saveetha Medical and Educational Trust,Represented by its Managing Trustee,Dr.N.M.Veeraiyan,Saveetha Nagar, Thandalam,Kancheepuram District 602 105 ... PetitionerVs.1.The Chief Engineer, Water Resources Department, Public Works Department, Chennai Region, Chepauk, Chennai 600 0052.The Executive Engineer, Water Resources Department, Krishna Water Supply Project Division-1, Public Works Department, Chepauk, Chennai 600 005... RespondentsPRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Mandamus forbearing the respondents 1 and 2 or 1/10 https://www.mhc.tn.gov.in/judis W.P.No.31763 of 2024any other authority from taking any action for blocking the rain water discharge outlet points in the petitioner campus, the culvert and the bund without proper enquiry, inspection as long as the petitioner is discharging only the rainwater/storm water from its college premises. For Petitioner: Mr.S.Silambanan, Senior Counsel for Mr.M.Babu BarveezFor Respondents : Mr.P.S.Raman, Advocate General Assisted by Mr.V.Manoharan, Additional Government PleaderORDERThis writ petition has been filed for direction forbearing the respondents 1 and 2 from taking any action for blocking the rain water discharge outlet points in the petitioner campus.2.The petitioner is a medical college attached with 24x7 medical service. It owns 119 acres of land at Thandalam Village and after obtaining all required and necessary permissions from the authority concerned, the college premises was constructed. The entire campus is situated adjacent to Krishna Water Channel in which water flows into 2/10 https://www.mhc.tn.gov.in/judis W.P.No.31763 of 2024Chembarambakkam lake for drinking purpose. The entire land of the petitioner is in the water catchment area and as such, rain water from neighbouring area flows almost towards the petitioner institution. Further, the petitioner also installed effluent treatment plant - 25 KLD and 2 sewage treatment plants. This caters to the treatment of the sewage discharged by the hostels, colleges and hospital, etc. in the campus. The treated water is used for gardening, solar plant and other purposes. The petitioner has all clearances and necessary permissions with regard to the management of the rain water drainage. The Public Works Department has constructed a culvert just outside the compound wall where the harvested rain water flows from the college into the culvert and it is redirected into Chembarambakkam lake through another bund in which provision is made for the water to enter the lake. On the eastern side of the premises, there is VGP Industrial Complex and adjacent to that is Vijayshanthi Infinity Apartments and Chettipedu Village. All the above three areas are in a higher elevated landmass and all the water from there flows towards the petitioner institution due to gravity. Further, there is no sewage treatment plant either in Chettipedu Village or in VGP Industrial Complex or in Vijayshanthi Infinity Apartments. They are discharging 3/10 https://www.mhc.tn.gov.in/judis W.P.No.31763 of 2024the untreated sewage waste in the vacant land which automatically flows towards the petitioner institution. Though the petitioner has constructed compound wall around the college, there is a provision to let out the rain water which flows through culvert and finally flows into lake. However, during rainy season, sewage water also flows in the same way and mixes with rain water. Therefore, it spoils the entire drinking water which flows to the Krishna Water Channel and then flows to the Chembarambakkam lake. Therefore, the respondents have now closed the culvert and bund which drains the storm water of the petitioner. 3.On instruction, Mr.P.S.Raman, the learned Advocate General appearing for the respondents reported that the petitioner is letting out sewage water into Krishna Water Channel. Therefore, it is necessary to prevent the sewage water from mixing with rain water to protect the drinking water channel. 4.However, the above contention was denied by the petitioner. Therefore, this Court appointed an advocate commissioner to inspect the subject place and file a report with regard to petitioner's drainage outlet 4/10 https://www.mhc.tn.gov.in/judis W.P.No.31763 of 2024and rain water outlet finding out the place from where the sewage water flows into Krishna Water Channel. The advocate commissioner had inspected the petitioner premises on 24.10.2024 along with the petitioner and respondents' officials and noticed that there are residential complexes situated on the eastern side of the petitioner premises i.e. Vijayshanthi Apartment Complex and VGP Queen Town. The sewage water is continuously flowing from Vijayshanthi Apartment Complex, which runs in front of next residential houses called as 'VGP Towers'. Thereafter, it flows into petitioner premises and it mixes with rain water outlet of the petitioner and flows to the Krishna Water Channel bund. Therefore, there is a huge mud barrier put up by the respondents which blocks the mixing of sewage water into the Krishna Water Channel. 4.1Further, the advocate commissioner also finds that the petitioner institution is having a separate sewage treatment plant. There is no sewage outlet visible to the naked eye from the petitioner premises running upto Krishna Water Channel. However, both rain water and sewage water running from Vijayshanthi Apartment Complex mixes inside the petitioner premises and then runs to Krishna Water Channel. 5/10 https://www.mhc.tn.gov.in/judis W.P.No.31763 of 2024Thus it is clear that the above two complexes situated on the eastern side of the petitioner institution are letting the sewage water and the same flows into petitioner institution. Thereafter, it mixes with rain water outlet of the petitioner and runs to Krishna Water Channel. Therefore, the respondents rightly closed the culvert by a huge mud barrier in order to block the mixing of sewage water into Krishna Water Channel. 5.Therefore, the petitioner shall have to prevent the drainage water which flows from its adjacent complexes such as VGP Industrial Complex and Vijayshanthi Infinity Apartments into the petitioner premises. Thereafter, the respondents must ensure that no sewage water is mixing with rain water outlet of the petitioner and allow the rain water to flow into the Krishna Water Channel. 6.Mr.S.Silambanan, the learned Senior Counsel appearing for the petitioner submitted that today the petitioner is taking all the machineries to prevent the sewage water flows from the adjacent complexes by strengthening its compound wall. 6/10 https://www.mhc.tn.gov.in/judis W.P.No.31763 of 20247.The learned Advocate General also submitted that if the petitioner completely prevents the sewage water flows from neighbouring complexes to the petitioner institution and also stops letting out any sewage water from the petitioner institution into the Krishna Water Channel, the respondents will remove the mud barrier and open the final point of Krishna Water Channel from the petitioner premises and let the rain water flows into the Krishna Water Channel.8.In view of the above submissions, the petitioner is directed to prevent the sewage / drainage water flows from eastern side adjacent complexes such as VGP Industrial Complex and Vijayshanthi Infinity Apartments by strengthening the compound wall and to report before the respondents. On receipt of the said report, the respondents are directed to inspect the petitioner premises and if no drainage / sewage water is letting out from the petitioner institution, they shall remove the mud barrier created at the end point of the petitioner premises in the Krishna Water Channel and shall ensure free flow of rain water from the petitioner premises to Krishna Water Channel.7/10 https://www.mhc.tn.gov.in/judis W.P.No.31763 of 20249.Further, the petitioner is directed to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as additional remuneration to the advocate commissioner within a period of one week from the date of receipt of copy of this order. 10.With the above directions, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 29.10.2024Neutral citation: Yes/No Index: Yes/NoSpeaking/Non-speaking orderlokNote: Issue order copy on 30.10.20248/10 https://www.mhc.tn.gov.in/judis W.P.No.31763 of 2024To1.The Chief Engineer, Water Resources Department, Public Works Department, Chennai Region, Chepauk, Chennai 600 0052.The Executive Engineer, Water Resources Department, Krishna Water Supply Project Division-1, Public Works Department, Chepauk, Chennai 600 0059/10 https://www.mhc.tn.gov.in/judis W.P.No.31763 of 2024G.K.ILANTHIRAIYAN, J.lokW.P.No.31763 of 202429.10.2024 10/10