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R.BANUMATHI,J.

Challenging the impugned proceedings of the 1st respondent issued under Section 145 of Criminal Procedure Code in Na.Ka.No.A1/27/2011 dated 14.06.2012 calling upon the writ petitioner to remove the obstruction caused by the petitioner for smooth flow of sewage of flood water in S.No.81/2A1A1 of Inam Maniyachi village.

2. In order to appreciate the contentions raised, it is necessary to refer to the background facts. The sewage water accumulated in the town area of Kovilpatti has been running through many survey numbers in Kovilpatti town and finally through Town S.No.52 and enters in S.No.81/2A1A1 of Inam Maniyachi village and proceeded in between writ petitioner - Lakshmi Mills and the School run by it and then proceeded through various Survey Numbers of Alampatti and pooling in a tank which lies in S.No.232 of Alampatti. The land in S.No.81/2A1A1 of Inam Maniyachi village is registered in the name of Lakshmi Mills. There are more than about 180 residents of Veeravanji Nagar North. The sewage collected from Veeravanji Nagar residential area is also to run through S.No.52 and other survey numbers as stated above. The writ petitioner school is said to have put up wall in between the petitioner mills and the school run by it by putting up a wall and obliterating the plan marked path - odai by filling earth and thereby obstructing smooth flow of sewage and flood water.

12. We have heard Mr.P.Mahendran, learned counsel appearing for the 4th respondent, President of Kovilpatti Veeravanji Nagar North Residents Nala Sangam. Learned counsel for 4th respondent submitted that the plan marked path- odai is situated as path in S.No.81/2A1A1 and because of the obstruction of entry point of the Sewage water and flood water at the plan marked path-odai in S.No.81/2A1A1 of Inam Maniyachi village, the sewage and drainage water is stored posing several health hazards. Learned counsel submitted that the residents of Veeravanji Nagar North, who are hailing from middle class, are pumping out the sewage water from out of their own expenditure and with great difficulty, the sewage water is pumped out at huge expenditure every day.

20. During inspection of the disputed field - S.No.81/2A1A1, it was noticed that the plan marked path-odai has been obliterated by filling earth for construction purposes. During inspection, it was noted that the plan marked odai in all other above survey numbers was found to be in tact, excepting S.No.81/2A1A1. Even though the petitioner contends that there was no water or drainage channel as mentioned in the notice at any time, in his report the third respondent clearly stated above the sewage and its course in various survey numbers. The same has been referred to in the impugned order which we may usefully refer to:-

26. According to the 4th respondent, though the drainage and flood water from the residential area, when discharged along with S.No.81/2A1A1, where plan marked path-odai has been running, with an ulterior motive, the writ petitioner Management put up structure and obstructed entry point of sewage water and flood water into plan marked path-odai and that the residents are exposed to health hazards. It is further stated that the sewage water is let into nearby land as a temporary measure at the expenditure of residents. Photographs were also produced for our perusal.