Judgment · High Court

1BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 02.11.2011CORAM:THE HONOURABLE MR.JUSTICE K.CHANDRUWrit Petition (MD)No.304 of 2011 S.Kirubai Mani Nadar... PetitionerVs.The Executive Officer, Sawyerpuram Selection Grade Town Panchayat, Sawyerpuram (at Naduvakuruchi)Tuticorin Disdtrict.... RespondentPrayer: Writ Petition is filed under Article 226 of the Constitutionof India praying for the issuance of a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated26.11.2010 in the light of under Sections 153, 159, 162 and 224 (PartIV) of the Tamil Nadu District Municipalities Act, 1920.For Petitioner: Mr.J.AshokFor Respondent: Mr.S.ShanmugavelORDERThe petitioner is a resident of 13/1, Subramaniapuram, Sawyerpuram Post, Tuticorin District.

The grievance of the petitioner was that despite sending of representation, dated 26.11.2010, the respondent Town Panchayt is not taking action though they are enjoined to take action in terms of Sections 153, 159, 162 and 224 (Part IV) of the Tamil Nadu DistrictMunicipalities Act, 1920. Since the petitioner complained of nuisance including letting of drainage in front of his house and alsodumbing of animal waste as well as stagnation around drinking water pipe, no action has been taken.

When the matter came up on 10.01.2011, this Court ordered notice of motion. On such notice, the respondent has filed a counteraffidavit, dated 14.02.2011. In the counter affidavit, it was stated as follows: "3. ...the staff of the Town Panchayat removed themud from the channel for the free flow of drainage water. There is no animal waste and no stagnation in the street aswell in front of the petitioner's house as alleged by petitioner. I submit that there is no stagnation of water around the drinking pipe as alleged by the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2 I submit that the petitioner never approached me personally. I submit that action is being taken by the TownPanchayat whenever any representation from the public. The panchayat staffs have been properly maintain the Panchayat and suitable action is being taken every day as per the Tamil Nadu Municipalities Act.I submit that there is no heavy rain fall in Sawyerpuram Town Panchayat during the year 2010. The roads are damaged due to plying of Motor Vehicle and at present the Panchayat taken steps to lay roads at the cost ofRs.60.80 Lakhs under the Special Road improvement programme and speedy action is being taken to complete the work as expeditiously as possible".

In the light of the steps being taken by the respondent, it is unnecessary to direct the respondent to take any further action on the representation of the petitioner. However, if, the petitioner is still faced with any nuisance around his living area, it is always open to him to take legal action in accordance with law.