P.Sellakumar Vs the District Collector

praying to issue a Writ of Mandamus directing the 2 nd respondent to make a permanent solution for the sewage block before petitioner premises situated at New No.23, Old No.4/269 Muthur Main Road, Lakkapuram, Erode and clearance of the same frequently in view of the assurance letter in

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W.P.No.25450 of 2025

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Na.Ka.No.4556/2018/A2 dated 01.03.2019 by the 2 nd respondent within a

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time frame as this Court may deem fit and proper in the circumstances of the

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case.

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For Petitioner : Mr.A.Kumaraguru For Respondents : Mr.M.Shajakhan, SGP for R1 Mrs.R.L.Karthika, GA for R2 & R3.

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O R D E R

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This writ petition is filed to direct the 2 nd respondent to arrive at a permanent solution for the sewage block in front of the petitioner's premises at New No.23, Old No.4/269 Muthur Main Road, Lakkapuram, Erode and to frequently clear the same pursuant to the assurance letter dated 01.03.2019, of the 2 nd respondent.

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The petitioner is a practising Advocate at Erode Bar. The petitioner states that sewage chamber constructed in front of his commercial building had become main drainage outlet for the entire village. According to the petitioner, due to lack of proper maintenance, untreated sewage stagnated and overflowed on the road, severely affecting the health and hygiene of residents in the locality.

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The petitioner states that he earlier filed WP.No.25770 of 2018 for mandamus directing the respondents to consider his representation dated 18.08.2018, for reconstruction of the leaking chambers and for constructing the required sewage pipelines. The said writ petition was disposed by this Court on 10.10.2018, directing the second respondent therein, to consider the representation of the petitioner dated 18.08.2018, and pass suitable orders within a period of six weeks from the date of receipt of a copy of the order. Pursuant to the order of this Court, temporary measures were taken by the respondents and assurance was given vide communication dated 01.03.2019, that a permanent solution would be arrived at in the ensuing financial year. Despite such communication, no permanent solution was arrived for fixing the sewage issue. Therefore, the petitioner submitted multiple representations on 03.11.2020, 08.03.2021 and 09.05.2025 to the respondents. Since, there was no response from the respondents, the petitioner filed the present writ petition.

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Heard the learned counsel for the petitioner and the learned Special Government Pleader for the first respondent and the learned Government Advocate for the respondents 2 and 3. Perused the materials available on

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record. With consent of all counsels, this writ petition is taken up for final disposal.

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The 2^nd respondent pursuant to the order of this Court dated 10.10.2018, informed the petitioner vide letter dated 01.03.2019, that top priority would be given for arriving at a permanent solution to the petitioner's problem. Since even after the lapse of six years, the respondents did not take any concrete steps for constructing the new sewage chamber or for providing proper sewage mechanism in the Lakkapuram village, Erode District, the petitioner once again has approached this Court.

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Under the facts and circumstance of the case and without entering into the merits of the case, I am inclined to direct the first respondent to consider the petitioner's representation dated 09.05.2025, in the light of the assurance given by the 2^nd respondent in his letter on 01.03.2019. The first respondent shall consider the representation dated 09.05.2025 and take action as deemed necessary, within a period of twelve weeks, from the date of receipt of a copy of this order.

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With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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15.07.2025

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Speaking order / Non-speaking order Index : Yes / No Neutral Citation : Yes / No tsh To 1. The District Collector Erode District Erode. 2.Block Development Officer Village Panchayat Modakkurichi Zone Erode – 638 002. 3.Executive Officer Lakkapuram Village Panchayat Lakkapuram Modakkurichi Erode – 638 002.

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N. MALA, J.

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tsh

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