Madras High Court
Subramanian vs The District Collector on 2 April, 2025
Author: J.Sathya Narayana Prasad
Bench: J.Sathya Narayana Prasad
WP.No.6328 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-04-2025
CORAM
THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD
WP.No.6328 of 2025
Subramanian
S/o Late A. Deivanayagam,
No 91, Kamban Street,
Kalaingar Karunanidhi Nagar,
Vannarpalayam, Cuddalore.
Petitioner(s)
Vs
1. The District Collector
Cuddalore 607 001.
2.The Revenue Divisional Officer
Cuddalore.
3.The Commissioner
Cuddalore Corporation, Cuddalore.
4.The Executive Engineer
Cuddalore Corporation, Cuddalore.
5.The Assistant Engineer
Cuddalore Corporation, Cuddalore.
6.Ezhil Respondent(s)
Prayer: 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
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WP.No.6328 of 2025
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.Baskaran
For Respondent(s): Mr. M.Rajendiran,
Additional Government Pleader
for R1 and R2
Mr.M.S.Premkumar
Government Advocate for R3 &
5
M/s. T.Gnana Banu
for R6
ORDER
This 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.
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2. 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 3/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/05/2025 08:24:11 pm ) WP.No.6328 of 2025 resident 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 th act of the 6 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.
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4. 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:
5/11https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/05/2025 08:24:11 pm ) WP.No.6328 of 2025 Jg;g[ut[ mYtyh; kw;Wk; cjtpg;bghwpahsh; Mfpnahhpd; Ma;twpf;ifapd;go mf;FoapUg;gpy; cUthFk; kdpjf; fHpt[fs; er;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 6/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/05/2025 08:24:11 pm ) WP.No.6328 of 2025 and not at the point and not at the end where it connects with the rain water storm drain.
9. 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”.
02-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No jd 7/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/05/2025 08:24:11 pm ) WP.No.6328 of 2025 To
1. 1.The District Collector, Cuddalore 607 001.
2.The Revenue Divisional Officer Cuddalore.
3.The Commissioner Cuddalore Corporation, Cuddalore.
4.The Executive Engineer Cuddalore Corporation, Cuddalore.
5.The Assistant Engineer Cuddalore Corporation, Cuddalore.
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Jd W.P.No.6328 of 2025 02.04.2025 9/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/05/2025 08:24:11 pm ) WP.No.6328 of 2025 W.P.No.6328 of 2025 J.SATHYA NARAYANA PRASAD, J.
Learned counsels appearing on either side are present.
2. This Court by order dated 02.04.2025 in W.P.No.6328 of 2025, passed the following order:
rd th “8. Upon perusing the same, this Court directs the 3 and 5 respondents to disconnect the sewerage pipe at the point where it is connected with the rain storm water 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 sewage pipe has th been disconnected at the residence of the 6 respondent and not at the point and not at the end where it connects with the rain storm water drain”.'
9. 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”.
3. Today, 23.04.2025, the above writ petition is posted under the caption ''For Reporting Compliance'' .
4. Pursuant to the above order, the learned Government Advocate appearing for R3 and R5 submitted written instructions of the third respondent / Commissioner, Cuddalore Corporation, Cuddalore, vide Na.Ka.No.1377/2025/E1 dated 15.04.2025, wherein it is stated as follows:
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5. In view of the above, the order passed by this Court in W.P.No.6328 of 2025 dated 02.04.2025 has been complied with by the third respondent.
6. The 6th respondent is directed not to connect the sewerage pipe where it is connected with the rainstorm water drain at Kamban Street, Kalaingar Karunanidhi Nagar, Vannarpalayam Cuddalore.
23.04.2025 cda W.P.No.6328 of 2025 11/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/05/2025 08:24:11 pm )