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2025 DAILYLAW 192544 (MAD)

S.M.SHAJAHAN v. THE DISTRICT COLLECTOR

WP/19723/2024 · 2025-11-24

M Dhandapani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.19723 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.11.2025 CORAM : THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No.19723 of 2024 and W.M.P.Nos.21596 & 21599 of 2024 1.S.M.Shajahan 2.S.M.Nazeer Ahmed ... Petitioners Vs. 1.The District Collector, Chengalpattu Collector Office, Chengalpattu – 603 001. 2.The Tahsildar, Thiruporur Taluk Office, Thiruporur, Chengalpattu District – 603 110. 3.The Director General, Highways Department, No.76, Sardar Patel Road, Guindy, Chennai – 600 025. 4.The Divisional Engineer (H) C & M, Highways Department, Chengalpattu, Kancheepuram District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents from Page No.1 of 7 https://www.mhc.tn.gov.in/judis W.P.No.19723 of 2024 laying any new underground pipe from Puravankara Flats or from any other side to the Culvert adjacent to petitioners patta land in Survey Nos.489/3A, 489/5, 511 and 513 are adjacent land in Survey 510 as Purampokku land at Padur Village, Thiruporur Taluk, Chengalpattu District and permitting the petitioners to protect the purampokku land in Survey No.510, Padur Village, Thiruporur Taluk, Chengalpattu District which being used for public convenience by considering the petitioners representation dated 15.06.2024. For Petitioners : Mr.G.V.Sridharan For Respondents : Mr.M.Rajendiran Additional Government Pleader ***** ORDER This Writ Petition has been filed seeking a Writ of Mandamus to forbear the respondents from laying any new underground pipe from Puravankara Flats or from any other side to the Culvert adjacent to petitioners patta land in Survey Nos.489/3A, 489/5, 511 and 513 are adjacent land in Survey 510 as Purampokku land at Padur Village, Thiruporur Taluk, Chengalpattu District and permitting the petitioners to protect the purampokku land in Survey No.510, Padur Village, Thiruporur Taluk, Chengalpattu District which being used for public convenience by considering the petitioners’ representation, dated 15.06.2024. Page No.2 of 7 https://www.mhc.tn.gov.in/judis W.P.No.19723 of 2024 2. The petitioners claim that they are the owners of the property in S.Nos.489/3A, 489/5, 511 and 513 at Padur Village, Thiruporur Taluk, Chengalpattu District. Inside their land, a porampokku land in S.No.510 is situated and the same is being used as a public convenience. The said land was intended as a drain for rain water during the rainy season only and not for letting raw sewage water. During January 2018, the Highways Department had given permission to Mantri Synergy Builders to lay a pipeline to carry their sewage water to the porampokku land in the petitioners’ land. Objecting the same, the petitioners have filed a writ petition before this Court in W.P.No.2558 of 2018 and thereby, the permission granted to the said builders was cancelled by the Highways Department. In the year 2021, some unwanted activities started in Survey No.510 trying to letting out raw sewage into the open road and trying to fit the water pipeline to drain the sewage and storm water in petitioners’ property and adjacent porampokku land. Therefore, the petitioners have made a representation, dated 15.06.2024 before the respondents. Since the same was not considered by the respondents till date, the petitioners have filed this Writ Petition before this Court. Page No.3 of 7 https://www.mhc.tn.gov.in/judis W.P.No.19723 of 2024 3. Though very many grounds have been raised in this writ petition, learned counsel for the petitioners submits that it would suffice, if this Court issues a direction to the respondents to consider the petitioners’ representation, dated 15.06.2024 and pass appropriate orders, on merits and in accordance with law, within a time frame to be fixed by this Court. 4. The respondents 3 and 4 have filed a detailed counter stating that the rain water alone is draining in the kuttai poramboke and no sewage water is draining in the kuttai poramboke. If any sewage water is drained in the kuttai poramboke, liberty may be granted to the petitioner to file a contempt petition before this Court as against the officials concerned. 5. In view of the above, this Writ Petition is disposed of, directing the respondents to drain the rain water alone in the kuttai poramboke in S.No.510. It is made clear that in the future, if the respondents allow the draining of sewage water in the said land, liberty is granted to the petitioner to brought the same to the notice of this Court by way of Page No.4 of 7 https://www.mhc.tn.gov.in/judis W.P.No.19723 of 2024 Contempt Petition. No costs. Consequently, the connected miscellaneous petitions are closed. 24.11.2025 Index : Yes / No (2/2) Speaking order / Non-speaking order Neutral Citation Case : Yes / No sp To 1.The District Collector, Chengalpattu Collector Office, Chengalpattu – 603 001. 2.The Tahsildar, Thiruporur Taluk Office, Thiruporur, Chengalpattu District – 603 110. 3.The Director General, Highways Department, No.76, Sardar Patel Road, Guindy, Chennai – 600 025. 4.The Divisional Engineer (H) C & M, Highways Department, Chengalpattu, Kancheepuram District. Page No.5 of 7 https://www.mhc.tn.gov.in/judis W.P.No.19723 of 2024 M.DHANDAPANI, J. sp W.P.No.19723 of 2024 24.11.2025 (2/2) Page No.6 of 7 https://www.mhc.tn.gov.in/judis W.P.No.19723 of 2024 W.M.P.No.21591 of 2024 in W.P.No.19723 of 2024 M.DHANDAPANI, J. Ordered on payment of separate court fee. 24.11.2025 sp (1/2) Page No.7 of 7 https://www.mhc.tn.gov.in/judis