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2014 DIGILAW 3678 (MAD)

M. S. Bharathi Pandian v. Commissioner, Corporation of Madurai

2014-10-07

M.VENUGOPAL

body2014
Judgment : 1. According to the Petitioner, he is residing at Door No.76-A/2, A.R. Garden 2nd Street, Vasantha Nagar, Madurai, along with his family members. Further, he is an Advocate by Profession at Madurai. A.R.Garden 2nd Street is a Dead-End Street. Totally, there are 19 houses in the said Street and one such house belongs to him. Also he is paying the property tax, drainage maintenance charges and water charges, etc., to the Respondent/Commissioner, Corporation of Madurai, regularly without fail. 2. The stand of the Petitioner is that there are two tenants living in his house and in fact, his family and other two tenants are depending upon the Borewell water alone. There is no Public Corporation water tap connection to their entire area. That apart, during the year 2003, Agrini Group of Houses were constructed in Aandalpuram, Madurai, which is just adjacent to his street viz., A.R.Garden 2nd Street. It is to be noted that Agrini Group of Houses is a Mega Project and there is more than 2000 houses in the said Project. While constructing Agrini Group of Houses, according to the Petitioner, they had put up more than 80 Mega Borewells, that too, 800 to 1000 feet depth and 6 inches to 10 inches diameter width. Due to the said 80 Mega Borewells, the ground water level in A.R.Garden 2nd Street was gradually decreased and as a result, there was no yielding of water not only in his Borewell and also other dwellers in A.R.Garden 2nd Street. Furthermore, the Petitioner and other dwellers in A.R. Garden 2nd Street had bored two Borewells in their respective houses and all the said Borewells were of failure and there was no yield of water. 3. The stand of the Petitioner is that he had put up new Borewell on the road side, just adjacent to his Compound Wall in July, 2014 to meet out basic amenity of water. Similarly, other dwellers in A.R.Garden 2nd Street had also put up new Borewells. Out of 19 houses in A.R.Garden 2nd Street, 12 house owners had put up new Borewells on the road side, just adjacent to their respective Compound Wall. It is to be borne in mind that there is no pipeline or other wire connections obviously shown on the road side. All the pipelines and water connections are underneath of A.R.Garden 2nd Street. It is to be borne in mind that there is no pipeline or other wire connections obviously shown on the road side. All the pipelines and water connections are underneath of A.R.Garden 2nd Street. Absolutely, there is no hindrance or impediment to any of the pedestrians or members of the public due to the underneath Borewells put up by them. The Respondent/Corporation, according to the Petitioner, may not have any loss or difficulty, due to newly constructed Borewell on the road side, just adjacent to the Petitioner's Compound Wall. 4. When that be the fact situation, all of a sudden, on 26.09.2014, the Subordinates of the Respondent/Corporation came to the Petitioner's house and forced him to remove the newly put up underneath Borewell immediately, which was laid on the road side, just adjacent to his Compound Wall without any prior notice. Although the Petitioner made an endeavour to convince the Subordinates of the Respondent/Corporation, they had not heeded his words. Per contra, they are attempting to remove the said underneath Borewell highhandedly. 5. In the aforesaid backdrop, the Petitioner was perforced to submit a representation on 27.09.2014 through speed post to the Respondent/Commissioner, Corporation of Madurai, not to remove the underneath Borewell and also made a request to regularise the newly put up Borewell on the road side, just adjacent to his Compound Wall. Added further, the Petitioner sent his request/representation to the Respondent's Mail ID, on 27.09.2014 itself. 6. In view of the fact that the Petitioner has sought only the relief to consider his representation dated 27.09.2014 by the Respondent/Commissioner, Corporation of Madurai, within a time frame to be determined by this Court, this Court, to prevent an aberration of justice and to promote substantial cause of justice, directs the Respondent/Commissioner, Corporation of Madurai, to consider the representation of the Petitioner dated 27.09.2014 in a just, fair and equitable manner and to pass appropriate orders on merits, within a period of four weeks from the date of receipt of copy of this order (of course after providing necessary/enough opportunities to the Petitioner and others concerned, by following the principles of natural justice in true letter and spirit). 7. With the aforesaid directions, the Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.