2.The petitioner is the owner of Plot No.124, Balaji Nagar, Kovallan Nagar Extension, Pallanganatham Post, Madurai. She has constructed a house in the said plot in the year 2006 by getting prior plan approval from the appropriate authorities and has also erected a bore well in the house. While so, in the year 2012, the fifth respondent has constructed a house in Plot No.126, which is adjacent to the petitioner's plot. While constructing the house, they have put up their drainage within 5 meters from the petitioner's bore well, wherein their sewerages are let in, contaminating the fresh water of the petitioner's house. They have also left their drainage unclosed. Whenever, the petitioner extracts water from her bore well, the drainage water of the fifth respondent is getting mixed with the underground water and the petitioner is getting impure water, which is contaminated by dirt and bacteria. Since the petitioner and her family members suffered due to the effluent and bacterial infection, the petitioner insisted the fifth respondent to shift the drainage from the said place. But, instead of shifting the drainage, they have increased the height of the drainage and covered it. Hence, the petitioner made a representation to the respondents 1 and 2 on 26.07.2016 to inspect the place and remove the drainage of the fifth respondent. Based on the same, the third respondent inspected the spot, but did not initiate any action. Hence, the petitioner made repeated representations to the respondents including the one on 04.04.2017 to inspect the spot and to direct the fifth respondent to remove the drainage and to pay compensation for the loss suffered by her. The petitioner has also made a petition to the Chief Minister's Cell, but no action was taken till today. Thereafter, the petitioner applied to the fourth respondent to test the sample of her bore well water. The fourth respondent has tested the sample and stated that the water is chemically not potable, as the total dissolved solids and total hardness values exceed the maximum allowable limit and bacteriologically contaminated. Hence, the petitioner submits that her bore well water has become contaminated and the same has foul odour, because of the drainage put up by the fifth respondent and due that, she is suffering from skin allergy till today. As per Rule 7 of the Tamil Nadu District Municipalities Building Rules, 1972, every person, who constructs, reconstructs or alters or add to building, shall wherever the site is within 15 meters of any tank, reservoir, water-course, river, fresh water channel or well, carry out such measure as may be necessary or as the executive authority may direct, for the purpose of preventing any contamination of or any risk of the drainage of the building passing into, such tank, reservoir, water-course, river, fresh water channel or well. Hence, the drainage of the fifth respondent, is put up by violating the abovesaid Rule. After getting the report of the third respondent, once again, the petitioner has approached the respondents 1 and 2 to take steps immediately. But, so far, no action has been taken. Hence, the petitioner has approached this Court by way of filing the https://hcservices.ecourts.gov.in/hcservices/ present writ petition for the relief stated supra.
