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2025 DAILYLAW 209650 (MAD)

S.Ayisha Kani v. The District Collector

WP(MD)/30682/2025 · 2025-11-24

P T Asha

Transfer Petitionbody2025

Judgment text

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W.P.(MD)No.30682 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2025 CORAM: THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.(MD)No.30682 of 2025 S.Ayisha Kani .. Petitioner Vs. 1.The District Collector, Collectorate Campus, Virudhunagar District. 2.The Municipal Commissioner, Municipal Office, Aruppukottai. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to take steps to allow petitioner's drainage water and rain water stagging in his house bearing Door No.16, in Sy.No22/2, 22/3, 22/4, Muslim Big Street, Aruppukottai into the drainage channel belonging to the 2nd respondent municipality by considering petitioner's representation dated 03.10.2025. For Petitioner : Mr.M.Ananth Kumar _________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.30682 of 2025 For R1 : Mr.A.Kannan Additional Government Pleader For R2 : Mr.N.Dilipkumar ORDER This writ petition has been filed for the following relief : “directing the respondents to take steps to allow petitioner's drainage water and rain water stagging in his house bearing Door No.16, in Sy.No22/2, 22/3, 22/4, Muslim Big Street, Aruppukottai into the drainage channel belonging to the 2nd respondent municipality by considering petitioner's representation dated 03.10.2025.” 2. The case of the petitioner is that the subject property originally belonged to one Bansura Begum. Her husband had purchased the said property under a registered sale deed dated 07.03.2024 and in turn, had gifted the same to the petitioner by settlement deed dated 02.01.2025. Her predecessor-in-title had provided a three feet wide pathway on the eastern side of the house for the purpose of discharging drainage water _________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.30682 of 2025 and rainwater from the terrace into the rainwater canal situated in front of the property. However, the said pathway has been obstructed due to interference by the neighbouring property owners, who have put up construction on the bund of the canal. Therefore, the petitioner had sent a representation dated 03.10.2025 requesting the authorities to take necessary action to ensure that the drainage and rainwater are allowed to flow into the canal . As the said representation was not considered to date, the petitioner is before this Court. 3. Heard the learned counsels on either side. 4. This Court directs the 2nd respondent to consider the representation of the petitioner, dated 03.10.2025 and pass orders after affording an opportunity of personal hearing to the petitioner and all other interested parties. The 2nd respondent shall ensure that the encroachment made by the neighbouring property owner is removed. The said exercise shall be completed within a period of three (3) months from the date of receipt of copy of this order. _________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.30682 of 2025 5. With the above directions, this Writ Petitions stands disposed of. No costs. 24.11.2025 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Collector, Collectorate Campus, Virudhunagar District. 2.The Municipal Commissioner, Municipal Office, Aruppukottai. _________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.30682 of 2025 P.T.ASHA, J. gbg W.P.(MD)No.30682 of 2025 24.11.2025 _________ https://www.mhc.tn.gov.in/judis