High Court · 2025

WP.No.36427 of 2023 THE HIGH COURT OF JUDICATURE AT MADRASDATED: 24-07-2025CORAMTHE HONOURABLE MRS JUSTICE N.MALAWP.No.36427 of 2023Mr.S.Sankar,S/o Late Soundaram Pillai,No.3/27, Mela Theru,Rayanallur, Vilakudi PO,Thiruvarur 614 715.Petitioner(s)Vs1.The District Collector,The District Collector Office, Thiruvarur.2.The Tahsildar,The Tahsildar Office,Thiruthuraipoondi.3.The Deputy Director,The Department of Public Health,The Department of Public Health Office,Thiruturaipoondi.4.The Health Inspector,The Primary Health Care Centre,Alathampadi, Thiruturaipoondi.5.The District Health Supervisor,The Primary Health Care Centre, 1/8 https://www.mhc.tn.gov.in/judis WP.No.36427 of 2023Althampadi, Thiruturaipoondi.6.Mr.R.Ramamurthy,S/o.Ramasamy,No.3/29, Mellatheru,Rayanallur, Vilakudi PO,Thiruvarur 614 715.Respondent(s)PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the 5th Respondent to take action in the proceedings made in O.Mu.No.7692/2023/A2 dated 27.06.2023 by the 1st respondent and Na.Ka.No.2905/A5/2023 dated 06.07.2023 by the 3rd respondent and further direction the 5th Respondent order for removal of Septic tank situated in the 6th Respondent's place by violating the provisions of the Tamil Nadu Public Health Act 1939 and pass such further orders.For Petitioner:Mr.D.Padmanabhan For Respondents:Mrs.R.L.Karthika,Government Advocatefor R1 & R2Mr.K.Tippu Sulthan,Government Advocatefor R3 to R5ORDERThis writ petition has been filed for issuance of a Writ of Mandamus, directing the 5th Respondent to take action in the proceedings made in O.Mu.No.7692/2023/A2 dated 27.06.2023 by the 1st respondent and 2/8 https://www.mhc.tn.gov.in/judis WP.No.36427 of 2023Na.Ka.No.2905/A5/2023 dated 06.07.2023 by the 3rd respondent and further directing the 5th Respondent order for removal of Septic tank situated in the 6th Respondent's place by violating the provisions of the Tamil Nadu Public Health Act 1939.2. The Petitioner, a long-time resident of Rayanallur Village, Thiruvarur District, owns a house at NP.3/27, Mela Theru, which has a “Well” situated at its rear. This Well serves as a primary source of drinking water for the primary source of drinking water for the petitioner and the surrounding community. The sixth respondent, Mr. R. Ramamurthy, residing in the adjacent property at No. 3/29, has constructed a septic tank within a few meters of the said well. Despite multiple representations made by the petitioner to the authorities over five years, the septic tank remains, and its repeated leakages have caused contamination of the well water, posing serious health risks to the local population.3. The learned counsel for the petitioner submits that the construction of the septic tank within 50 feet of the well is in direct violation of Section 32 of the Tamil Nadu Public Health Act, 1939. He submits that the septic tank has 3/8 https://www.mhc.tn.gov.in/judis WP.No.36427 of 2023leaked on multiple occasions, resulting in the seepage of waste into the soil around the well, thereby contaminating the water. Though the official respondents issued directions to conduct inspections based on her representation dated 20.05.2023, no effective action has been taken to remove the septic tank. The petitioner relies on the judgment in S. Kamatchi vs. G. Saraswathi, where the Court held that septic tanks constructed within 50 feet of a well violate public health laws and must be removed irrespective of maintenance. The relevant portion is as follows:23. While considering Section 32 of the Tamil Nadu Public Health Act along with the learned Advocate Commissioner's report and plan, I am of the view that the word "cesspool" is synonymous to the word "septic tank". Further, the appellants/D3 to D9 have never let in any evidence in respect of the maintenance of septic tanks. But as per Section 32 of the Tamil Nadu Public Health Act, the distance between the water course and the cesspool should be minimum 50 feet. Admittedly, in this case, the alleged septic tanks are constructed by the then first defendant (deceased) within 50 feet of the Well of the first respondent/plaintiff and hence, it has to be held that the septic tanks are constructed in violation of Section 32 of the Tamil Nadu Public Health Act. In such circumstances, there is also no necessity to give any finding as to whether the septic tanks have been properly maintained or not, and it is also not necessary to give a finding that if the septic tanks have been properly maintained, it will not affect the Well water.Hence, the petitioner seeks appropriate directions from the Court.4. A counter was filed by the respondents in March 2024.4/8 https://www.mhc.tn.gov.in/judis WP.No.36427 of 20235. Learned Government Advocate for Respondents 3 to 5 submits that the septic tank in question, situated at the sixth respondent's premises, was constructed around 10 years ago but remains incomplete and unused till date, with a cement foundation preventing any seepage. An inspection conducted on 07.06.2023 around 11 a.m. by the Block Health Supervisor confirmed that the distance between the petitioner's well and the septic tank is 12 feet. It is further submitted that the petitioner's well is not used for drinking purposes by the petitioner or the public, but only for domestic use by the petitioner's family.6. Heard both sides and perused the materials available on record.7. It is an admitted fact that the septic tank has been constructed near the Well which is owned by the petitioner. Though the petitioner is not using the Well water for drinking purposes, it is used for domestic purposes.8. On inspection by the BDO on 07.06.2023, the distance between the septic tank of the 6th respondent and the Well of the petitioner is 12 feet, though it is submitted that the septic tank is not in use by the 6th respondent. It is not there that they are not used in the future. If the septic tank is used by the 6th respondent, then the water in the Well of the petitioner will get contaminated, 5/8 https://www.mhc.tn.gov.in/judis WP.No.36427 of 2023and the same cannot be used for domestic purposes, and it will also create health hazards for the family of the petitioner.9. Hence, the 2nd respondent is directed to remove the septic tank which is constructed near the petitioner's Well within a period of eight weeks from the date of receipt of a copy of this order. If it is necessary, the 2nd respondent shall take the assistance of the jurisdiction police to comply with the orders passed by this Court.10. Post the matter 'For Reporting Compliance' on 17.10.2025. In the result, the writ petition stands disposed of with the above observations and direction. No costs.24-07-2025cda/dsnIndex:Yes/NoSpeaking/Non-speaking order6/8 https://www.mhc.tn.gov.in/judis WP.No.36427 of 2023To1.The District Collector,The District Collector Office, Thiruvarur.2.The Tahsildar,The Tahsildar Office,Thiruthuraipoondi.3.The Deputy Director,The Department of Public Health,The Department of Public Health Office,Thiruturaipoondi.4.The Health Inspector,The Primary Health Care Centre,Alathampadi, Thiruturaipoondi.5.The District Health Supervisor,The Primary Health Care Centre, Althampadi, Thiruturaipoondi.7/8 https://www.mhc.tn.gov.in/judis WP.No.36427 of 2023N.MALA J.cda/dsnWP.No.36427 of 2023 24-07-20258/8

WP.No.36427 of 2023 THE HIGH COURT OF JUDICATURE AT MADRASDATED: 24-07-2025CORAMTHE HONOURABLE MRS JUSTICE N.MALAWP.No.36427 of 2023Mr.S.Sankar,S/o Late Soundaram Pillai,No.3/27, Mela Theru,Rayanallur, Vilakudi PO,Thiruvarur 614 715.Petitioner(s)Vs1.The District Collector,The District Collector Office, Thiruvarur.2.The Tahsildar,The Tahsildar Office,Thiruthuraipoondi.3.The Deputy Director,The Department of Public Health,The Department of Public Health Office,Thiruturaipoondi.4.The Health Inspector,The Primary Health Care Centre,Alathampadi, Thiruturaipoondi.5.The District Health Supervisor,The Primary Health Care Centre, 1/8 https://www.mhc.tn.gov.in/judis WP.No.36427 of 2023Althampadi, Thiruturaipoondi.6.Mr.R.Ramamurthy,S/o.Ramasamy,No.3/29, Mellatheru,Rayanallur, Vilakudi PO,Thiruvarur 614 715.Respondent(s)PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the 5th Respondent to take action in the proceedings made in O.Mu.No.7692/2023/A2 dated 27.06.2023 by the 1st respondent and Na.Ka.No.2905/A5/2023 dated 06.07.2023 by the 3rd respondent and further direction the 5th Respondent order for removal of Septic tank situated in the 6th Respondent's place by violating the provisions of the Tamil Nadu Public Health Act 1939 and pass such further orders.For Petitioner:Mr.D.Padmanabhan For Respondents:Mrs.R.L.Karthika,Government Advocatefor R1 & R2Mr.K.Tippu Sulthan,Government Advocatefor R3 to R5ORDERThis writ petition has been filed for issuance of a Writ of Mandamus, directing the 5th Respondent to take action in the proceedings made in O.Mu.No.7692/2023/A2 dated 27.06.2023 by the 1st respondent and 2/8 https://www.mhc.tn.gov.in/judis WP.No.36427 of 2023Na.Ka.No.2905/A5/2023 dated 06.07.2023 by the 3rd respondent and further directing the 5th Respondent order for removal of Septic tank situated in the 6th Respondent's place by violating the provisions of the Tamil Nadu Public Health Act 1939.2. The Petitioner, a long-time resident of Rayanallur Village, Thiruvarur District, owns a house at NP.3/27, Mela Theru, which has a “Well” situated at its rear. This Well serves as a primary source of drinking water for the primary source of drinking water for the petitioner and the surrounding community. The sixth respondent, Mr. R. Ramamurthy, residing in the adjacent property at No. 3/29, has constructed a septic tank within a few meters of the said well. Despite multiple representations made by the petitioner to the authorities over five years, the septic tank remains, and its repeated leakages have caused contamination of the well water, posing serious health risks to the local population.3. The learned counsel for the petitioner submits that the construction of the septic tank within 50 feet of the well is in direct violation of Section 32 of the Tamil Nadu Public Health Act, 1939. He submits that the septic tank has 3/8 https://www.mhc.tn.gov.in/judis WP.No.36427 of 2023leaked on multiple occasions, resulting in the seepage of waste into the soil around the well, thereby contaminating the water. Though the official respondents issued directions to conduct inspections based on her representation dated 20.05.2023, no effective action has been taken to remove the septic tank. The petitioner relies on the judgment in S. Kamatchi vs. G. Saraswathi, where the Court held that septic tanks constructed within 50 feet of a well violate public health laws and must be removed irrespective of maintenance. The relevant portion is as follows:23. While considering Section 32 of the Tamil Nadu Public Health Act along with the learned Advocate Commissioner's report and plan, I am of the view that the word "cesspool" is synonymous to the word "septic tank". Further, the appellants/D3 to D9 have never let in any evidence in respect of the maintenance of septic tanks. But as per Section 32 of the Tamil Nadu Public Health Act, the distance between the water course and the cesspool should be minimum 50 feet. Admittedly, in this case, the alleged septic tanks are constructed by the then first defendant (deceased) within 50 feet of the Well of the first respondent/plaintiff and hence, it has to be held that the septic tanks are constructed in violation of Section 32 of the Tamil Nadu Public Health Act. In such circumstances, there is also no necessity to give any finding as to whether the septic tanks have been properly maintained or not, and it is also not necessary to give a finding that if the septic tanks have been properly maintained, it will not affect the Well water.Hence, the petitioner seeks appropriate directions from the Court.4. A counter was filed by the respondents in March 2024.4/8 https://www.mhc.tn.gov.in/judis WP.No.36427 of 20235. Learned Government Advocate for Respondents 3 to 5 submits that the septic tank in question, situated at the sixth respondent's premises, was constructed around 10 years ago but remains incomplete and unused till date, with a cement foundation preventing any seepage. An inspection conducted on 07.06.2023 around 11 a.m. by the Block Health Supervisor confirmed that the distance between the petitioner's well and the septic tank is 12 feet. It is further submitted that the petitioner's well is not used for drinking purposes by the petitioner or the public, but only for domestic use by the petitioner's family.6. Heard both sides and perused the materials available on record.7. It is an admitted fact that the septic tank has been constructed near the Well which is owned by the petitioner. Though the petitioner is not using the Well water for drinking purposes, it is used for domestic purposes.8. On inspection by the BDO on 07.06.2023, the distance between the septic tank of the 6th respondent and the Well of the petitioner is 12 feet, though it is submitted that the septic tank is not in use by the 6th respondent. It is not there that they are not used in the future. If the septic tank is used by the 6th respondent, then the water in the Well of the petitioner will get contaminated, 5/8 https://www.mhc.tn.gov.in/judis WP.No.36427 of 2023and the same cannot be used for domestic purposes, and it will also create health hazards for the family of the petitioner.9. Hence, the 2nd respondent is directed to remove the septic tank which is constructed near the petitioner's Well within a period of eight weeks from the date of receipt of a copy of this order. If it is necessary, the 2nd respondent shall take the assistance of the jurisdiction police to comply with the orders passed by this Court.10. Post the matter 'For Reporting Compliance' on 17.10.2025. In the result, the writ petition stands disposed of with the above observations and direction. No costs.24-07-2025cda/dsnIndex:Yes/NoSpeaking/Non-speaking order6/8 https://www.mhc.tn.gov.in/judis WP.No.36427 of 2023To1.The District Collector,The District Collector Office, Thiruvarur.2.The Tahsildar,The Tahsildar Office,Thiruthuraipoondi.3.The Deputy Director,The Department of Public Health,The Department of Public Health Office,Thiruturaipoondi.4.The Health Inspector,The Primary Health Care Centre,Alathampadi, Thiruturaipoondi.5.The District Health Supervisor,The Primary Health Care Centre, Althampadi, Thiruturaipoondi.7/8 https://www.mhc.tn.gov.in/judis WP.No.36427 of 2023N.MALA J.cda/dsnWP.No.36427 of 2023 24-07-20258/8