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2014 DIGILAW 98 (MAD)

P. Kalimuthu v. State of Tamil Nadu

2014-01-10

N.PAUL VASANTHAKUMAR

body2014
JUDGMENT 1. By Consent, the writ petition itself is taken up for final disposal. 2. This writ petition is filed by the petitioner praying for a Mandamus forbearing the respondents from proceeding with the construction of public toilet in front of petitioner's house at No.10, Krishna Asiramam Road, Jameen Oothukuli, Jameen Oothukuli Post, Pollachi Taluk, Coimbatore District. 3. In the affidavit filed in support of the writ petition, it is stated that he is permanently residing in the above said address with his family for the past several decades. A Coconut Fibre Mill was running in the name and style of "Mathina Fibres" near the petitioner's house, which caused pollution and excess particles were being poured in the petitioner's house, due to which, he and his family members suffered illness very often. The owners of the said Fibre Mill had not obtained permission from the Panchayat or from the Pollution Control Board to run the Mill. The petitioner's neighbour one Thirumoorthy had given a representation to the District Collector. The Pollution Control Board in turn inspected the mill and pursuant to the inspection, noticing the cause of damage to ecology, the authorities closed the said mill. Due to the closure of the mill, the owners of the mill influenced the respondents 2 to 4 and got sanction to construct the public toilet in front of the petitioner's house entrance, the third respondent dug out a pit to construct public toilet and according to the petitioner, if the public toilet is constructed in the said place, the petitioner's right to live without any health hazard/clean environment will be affected. There are other alternative sites available to construct the public toilet and in spite of giving representation not to construct the public toilet in front of the petitioner's house, construction was proceeded. Therefore, the petitioner has filed the present writ petition with the prayer as stated above. 4. When the writ petition was posted for admission on 5.12.2012, this Court ordered private notice and also ordered status-quo, which was also extended periodically, which is in force as on today. 5. Therefore, the petitioner has filed the present writ petition with the prayer as stated above. 4. When the writ petition was posted for admission on 5.12.2012, this Court ordered private notice and also ordered status-quo, which was also extended periodically, which is in force as on today. 5. The fourth respondent has filed a counter affidavit in the vacate stay petition and prayed for vacating the interim order, for which, the petitioner has filed a reply, wherein it is stated that roughly about 200 meters away from the petitioner's house, on the road itself, there is enough space to construct the toilet; and in the interest of the village people, the petitioner is ready and willing to deposit a sum of Rs.1 lakh in the name of the fourth respondent by way of Demand Draft; the present construction which is put up in front of the petitioner's house is roughly about 200 mtrs away from the proposed toilet site and hence, the people at large will be benefited and the petitioner can also live with his family members, without any hindrance or health hazard. The said fact was disputed by the learned counsel for the fourth respondent during the course of argument. 6. In view of the contra stand taken by the petitioner and R4 this Court by order dated 13.12.2013, appointed Ms. N.Menaka, Advocate as Advocate Commissioner to visit the place in the presence of the petitioner as well as the fourth respondent and file a report before this Court on 8.1.2014. 7. The learned Advocate Commissioner has filed a report on 7.1.2014 and in paragraphs – 4 to 6, it is stated as follows:- “4. The toilet exists in the left side of the Krishna Ashram Road i.e., the road from Jameen Oothukuli to Karumapuram, and it is situated adjacent to the house of the petitioner. The toilet is situated at a distance of 4 feet from the petitioner's house. And it is incomplete and wide open. The entrance wall of the toilet was seen damaged. The toilet outlet pipe is in such a way that the toilet while used flows in the open canal. There is no connection between the outlet pipe and the septic tank. The present condition of the toilet is that it is filled with full of mud, plastic bags and waste papers. 5. The toilet outlet pipe is in such a way that the toilet while used flows in the open canal. There is no connection between the outlet pipe and the septic tank. The present condition of the toilet is that it is filled with full of mud, plastic bags and waste papers. 5. In the Krishna Ashram road connecting from Jameen Oothukuli to Karumapuram, at the left side, next to the house of the petitioner, there is no residential house. Only a factory manufacturing coconut plates is running there. In the left side of the Krishna Ashram road, about 50 feet from the petitioner's house and the existing toilet, the agricultural land of one Krishnasami, S/o. Nachimuthu is situated. And in between the land and the Krishna Ashram road, there is poromboke land. The alternative places are available in the said poromboke land to construct the toilet. 6. In the said alternative place, two suitable places are available in the left side of the same Krishna Ashram road. One is at a distance of 150 feet from the existing toilet and another at a distance of 200 feet from the existing toilet, on the left side of the Krishna Ashram road, connecting Jameen Oothukuli to Karumapuram. The same square feet of area of the existing toilet is available in the alternative place to construct the toilet. And no residential house is situated in the nearby area of the alternative place. Street lamp facility is also available. 7. It is submitted that after the due execution of my warrant and my personal visit to the site situated at Jameen Oothukuli, Pollachi Taluk and as per the direction of this Hon'ble High Court, I visited the site and found that alternative places are available to built the public toilet and hence this report." 8. From the report filed by the learned Advocate Commissioner dated 7.1.2014, it is evident that there are alternate places available in the very same road at the distance of 200 feet and 150 feet from the present toilet site to locate the toilet. 9. From the report filed by the learned Advocate Commissioner dated 7.1.2014, it is evident that there are alternate places available in the very same road at the distance of 200 feet and 150 feet from the present toilet site to locate the toilet. 9. In such circumstances, I am of the view that the interest of justice would be met by disposing the writ petition, granting liberty to the petitioner to send a Demand Draft for Rs.1 lakh, within a period of four weeks from the date of receipt of a copy of this order, for the construction of public toilet in the poromboke land, which is identified by the Advocate Commissioner in the Krishna Ashram road, which is 150 feet away from the existing site or at a distance of 200 feet from the existing site. The fourth respondent is directed to construct a new toilet in the new site by spending the said amount to be sent by the petitioner by way of Demand Draft. After sending the said amount by R.P.A.D., it is open to the petitioner to demolish in the existing partially constructed public toilet (not in use), constructed in front of the petitioner's house. No costs. Connected miscellaneous petitions are closed.