The High Court dismissed a writ petition seeking mandamus against authorities interfering with a petitioner's maintenance of a public toilet. Finding the Corporation maintained the facility and removed encroachment, the Court held the petitioner failed to prove legal right to intervene.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.10.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
WRIT PETITION NO.20863 OF 2021 AND WMP NO.22128 OF 2021
M.Parameswari, W/o. Madheswaran …. Petitioner
-Vs-
1 The Commissioner, Erode Corporation, Erode. 2. The Superintendent of Police, Erode District, Erode. 3. The Sanitary Inspector, 1st Division, Erode Corporation, R.N.Pudur, Erode. 4 The Inspector of Police, Erode North Police Station, Erode. …. Respondents Prayer :
Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st and 2nd respondents to consider petitioner's representation dated 04.09.2021 and prohibit the 3rd and 4th respondents from disturbing peaceful maintenance of the public toilet by the petitioner situated at Bharathi Nagar, Veerappanchanttram, Erode without following the procedure established by law.
For Petitioner :Mr.M.Jayaprakash Narayanan For Respondents :Mr.M.Raja Mathivanan, Standing Counsel for R1 and R3 Mr.U.Baranidharan, Government Advocate for R2 & R4
O R D E R
This writ petition has been filed for the issue of a writ of mandamus directing the respondents 1 and 2 to consider the representation made by the petitioner dated 04.09.2021 and forbearing the third and fourth respondents from interfering with the maintenance of public toilet by the petitioner.
“ 9. It is humbly submitted that it is not correct to state that the public toilet situated at their area is maintained by them from the year 2016 to till date in a hygienic manner without any complaint from the public and without following any procedure including natural justice, the 3rd respondent threatening them to hand over keys of the public toilet to an individual person and if the same is allowed the common public living in the area/locality would be put to suffer without proper public toilet facility.
pursuance of it, due inspections made in the public toilet and advised them to vacate the premises and also advised them to refrain from collecting charges after close of the toilet in the night hours. But, they have not changed their attitude. The Corporation men inspected the toilet lastly on 01.09.2021 and in pursuance necessary steps were taken and the encroachment of the toilet was removed only with the help of the police. In fact the corporation sanitary workers are deployed to look after the toilet and they used to open the toilet in the early hours of morning and closed it in the night around 9.00 P.M.
... 12. It is humbly submitted that the corporation sanitary workers are looking after the toilet daily. No other persons are allowed to look after the toilet at any point of time much less the petitioner and others belonging to her alleged Women Self Help Group. The petitioner or others belong to her alleged group has no right whatsoever to look after the toilet. The purpose of construction of the toilet is to be used for the poor people for free of cost and it is the policy of the Government and funds were allotted and the sanitary workers employed in the corporation are looking after the toilet. The act of petitioner is unwarranted one and she has no right to claim over the maintenance of the toilet.”
counter affidavit to the effect that they are maintaining the public toilet and that it was encroached by some persons and the said encroachment was removed by taking necessary steps on 01.09.2021, there is no scope for this Court to grant the relief as sought for in this writ petition. It is made clear that the public toilet shall be maintained in hygienic condition by the Corporation.
Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
KST
To
1 The Commissioner, Erode Corporation, Erode.
4 The Inspector of Police, Erode North Police Station, Erode.
+1cc to Mr.M.Jayaprakash Narayanan, Advocate, S.R.No.54962 +1cc to Mr.M.Raja Mathivanan, Advocate, S.R.No.54969 +1cc to the Government Pleader, S.R.No.55419
W.P.No.20863 of 2021
& WMP No.22128 of 2021
PMK(CO) PM/10/11/2021
3 issues framed by the court
Whether the Court should issue a writ of mandamus directing authorities to consider a representation regarding interference with public toilet maintenance.
Whether the petitioner has sufficient material to prove the right of the Self Help Group to maintain the encroached public toilet against the Corporation's claim.
Whether the petitioner has the legal right to collect charges from users of a public toilet constructed with M.L.A. funds and intended for free use by poor.
M.Parameswari
The Commissioner, Erode Corporation
The Superintendent of Police, Erode District
The Sanitary Inspector, 1st Division, Erode Corporation
The Inspector of Police, Erode North Police Station
N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
