W.P.No.3665 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.02.2025 CORAM THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.No.3665 of 2023 E.Geetha ... Petitioner vs. 1. The District Collector, First Floor, New Collectorate Building, Collectorate, Manjakuppam, Cuddalore 607 001. 2. The Block Development Officer, Mangalur Block, Cudddalore District. 3. The President, Thozhuthur Panchayat, Mangalur Block, Cuddalore District. 4. D.Rajendran .. Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents 1 to 3 for initiate action for removal of the septic tank illegally constructed by the fourth respondent very near to the petitioner's house particularly in the land belonging to the third respondent Panchayat. ____________ Page No.1 of 6 https://www.mhc.tn.gov.in/judis W.P.No.3665 of 2023 For Petitioner : Mr.R.Ganesh Kumar For R1 to R3 : M/s.R.L.Karthika Govt.Advocate For R4 : Mr.K.Karuppiaya Mooppanar ORDER The present writ petition has been filed to direct the respondents 1 to 3 for initiate action for removal of the septic tank illegally constructed by the fourth respondent very near to the petitioner's house particularly in the land belonging to the third respondent Panchayat. 2. It is the case of the petitioner that the fourth respondent had illegally proceeded to construct a drainage septic tank encroaching upon a land in the control of third respondent Panchayat that too very near to the petitioner's house, adjacent to their drinking water Borewell water pipe lines. Thereafter, the petitioner send a representation dated 12.08.2016 to the authorities concerned and also he sent reminders to 4th respondent to remove drainage septic tank constructed without any permission. After that, the third respondent panchayat vide letter dated 20.08.2016, the Superintendent ____________ Page No.2 of 6 https://www.mhc.tn.gov.in/judis W.P.No.3665 of 2023 of the Primary Health Center, Mangalur had also directed the fourth respondent to remove the drainage septic tank. The third respondent sent a letter dated 19.09.2016 directed the fourth respondent to close the drainage septic tank and offer an explanation for illegally constructing drainage septic tank in public place. However, the fourth has not considered the same. Thereafter, the petitioner had given application under RTI vide letter dated 24.11.2016 , the third respondent had replied that there should be a minimum distance of 20 feet in between the drinking water borewell pipe line and the drainage septic tank. Thereafter, the petitioner sent a representation dated 20.07.2022 to the first respondent marking the copy of the second and third respondent. After receipt of the same, no action was taken on the said representation dated 20.07.2022. Despite many representations to the first and second respondents, the first and second respondents did not make any initiative to remove illegally erected septic tank. Therefore the petitioner has come forward with the present writ petition. 3. The learned counsel appearing for the petitioner further submitted ____________ Page No.3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.3665 of 2023 that the Director of Health Department addressed vide Proceedings No.Na.Ka.779/A7/2016 dated 15.11.2016 and the relevant para of the said proceedings reads as under :- “NkYk; njhOÀh; Cuhl;rp kd;wj;jiyth; jpUkjp.v];.Nrhgdh mth;fspd; 19.09.2016 ehspl;l fbjj;jpd; %yk; mg;Gwg;gLj;j $wpAs;sjpd; mbg;gilapy; jpU.D.uhN[e;jpud; fpof;FnjU> njhOÀh; mth;fs; ,f;fbjk; fz;l 1 thuj;jpw;Fs; jq;fs; ,lj;jpw;F Vjthd ,lj;jpy; fopg;giwia fl;bf; nfhs;SkhW Nfl;Lf; nfhs;sg;gLfpwJ.” 4. The learned counsel appearing for the petitioner submitted that in this regard, the petitioner sent a representation dated 20.07.2022 to the first and second respondents but no action has been taken on the said representation till date. 5. The learned Government Advocate appearing for the respondents 1 to 3 submitted that based on the written instructions of the second respondent vide Na.Ka.A3/370/2023 dated 21.02.2025, wherein it is stated as follows: ____________ Page No.4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.3665 of 2023 “......... ,g;nghUs; Fwpj;J chpa eltbf;if Nkw;nfhz;L> njhlh;Gila muR tof;fwpQUf;F mwpf;if rkh;g;gpf;Fk; nghUl;L> kDjhuh; Fwpg;gpl;l gFjpapid mstPL nra;Jk;> mg;gFjpapd; fl;Lg;ghl;L mYtyh; tpguj;ijAk; tphpthd mwpf;ifahf ,t;tYtyfj;jpw;F mDg;gp itf;FkhW md;Gld; Nfl;Lf;nfhs;fpNwd; .” 6. Heard the learned counsel appearing on either side and also perused the materials available on records. 7. In view of the submissions made by the learned counsel on either side, the second respondent is directed to conduct a detailed enquiry after due notice to the petitioner as well as the 4th respondent, affording an opportunity of personal hearing to consider the documents filed by both the parties, on merits and in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order. J.SATHYA NARAYANA PRASAD,J. kkd ____________ Page No.5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.3665 of 2023 This writ petition stands disposed of with the above observation and direction. No costs. 26.02.2025 Index : Yes/No. Internet : Yes/No. Neutral Citation : Yes/No Speaking : Non-speaking Order kkd To 1. The District Collector, First Floor, New Collectorate Building, Collectorate, Manjakuppam, Cuddalore 607 001. 2. The Block Development Officer, Mangalur Block, Cudddalore District. 3. The President, Thozhuthur Panchayat, Mangalur Block, Cuddalore District. W.P.No.3665 of 2023 ____________ Page No.6 of 6 https://www.mhc.tn.gov.in/judis