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2012 DIGILAW 1191 (MAD)

M. Karupusamy v. Trichy City Municipal Corporation rep. by its Commissioner Cantonment – Trichy

2012-03-05

R.SUDHAKAR

body2012
Judgment :- 1. The writ petition is filed for a mandamus directing the first respondent to maintain the channel by removing and cleaning the debris and obstruction put up by the second respondent in the drainage channel situated in the Trichy Municipal Corporation Limit, Ward No.42, Block No.8, T.S.No.9, so as to allow free flow of sewerage and rain water through the same and to take necessary legal action against the second respondent for causing obstruction and blockage and for obliterating the drainage by him. 2. In W.P.(Md).No. 20 of 2009 by order dated 19.6.2009, a direction has been issued by the Madurai Bench of this Court to the Commissioner, Trichy City Municipal Corporation which reads as follows:- "4.) Now the respondent has stated in the Memo that they would complete the construction of drainage after finishing the enquiry with regard to the encroachments within a period of six months." 3. Mr.P.Srinivas, learned counsel appearing for the Trichy City Municipal Corporation states that the enquiry as ordered by this court is yet to be completed. Thereafter, the encroachments, if any, will be identified and removed thereafter. 4. In view of the above, the first respondent the Commissioner, Trichy City Municipal Corporation will strictly abide by the direction issued by the Madurai Bench of this Court in W.P.(Md).No. 20 of 2009 and thereafter the petitioner shall make a representation for the relief sought for in the present writ petition and the same shall be duly considered by the first respondent on its own merits and in accordance with law. The writ petition is disposed of accordingly. No costs.