In the High Court of Judicature at Madras Dated: 17-11-2008 Coram: The Honourable Mr.Justice M.JAICHANDREN W.P.No.2194 of 2003 N.A.Muthu .. Petitioner. Versus 1.The District Collector and Inspector of Panchayat, Namakkal District, Namakkal. 2.The Executive Officer, Vennanthur Town Panchayat, Vennanthur-637 505, Namakkal District. .. Respondents. Prayer: Petition filed seeking for a writ of Certiorarified Mandamus, calling for the records relating to the order, dated 13.1.2003, made in Na.Ka.No.385/02/A1, issued by the 2nd respondent, quash the same and consequently, direct the respondents to select some other place for constructing the public toilet and latrine at Vennanthur, Rasipuram Taluk, Namakkal District. For Petitioner : Mr.N.Manokaran For Respondents : Mr.D.Geetha Additional Government Pleader (R1) No Appearance (R2) O R D E R
Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the first respondent. There is no appearance on behalf of the second respondent.
2. This writ petition has been filed praying for a writ of Mandamus, to call for the records relating to the order of the second respondent, dated 13.1.2003, made in Na.Ka.No.385/02/A1 and quash the same and to direct the respondents to select some other place for the construction of public toilet and latrine at Vennanthur, Rasipuram Taluk, Namakkal District.
3. It has been submitted that the second respondent had decided to construct a public latrine in S.F.No.89/2, by changing its earlier plan to build the public latrine within Ward No.15 of the second respondent Panchayat. According to the altered plan the public latrine is to be constructed within a distance of 10 feet from the existing Well, used by the petitioner for drawing drinking water. The Well has been in existence for the past 100 years. The people living in the area, including the petitioner, are using the well also for bathing and washing. The water from the said Well is used for Abishekams and for poojas and the Well is a `Kudi Kinaru’. Further, a surface level public latrine is also available near the proposed site, for the convenience of the public.
4. It has also been stated that, abutting the proposed site, there is a Government Elementary School and nearly 200 students are studying in the said school. Further, the petitioner’s house is situated 50 feet away from the proposed site. While so, the respondents have decided to construct a latrine at a cost of Rs.3,00,000/-, causing inconvenience both to the petitioner, as well as to the people living in the said area. The petitioner has been making representations to the respondents requesting them to select some other place to construct the latrine, instead of at the proposed site in S.F.No.89/2. Without taking into consideration the request of the petitioner, the respondents are attempting to construct the latrine in the proposed site. In such circumstances, the petitioner has preferred the present writ petition before this Court, under Article 226 of the Constitution of India.
5. At this stage of the hearing of the writ petition, the learned counsel appearing for the first respondent had placed before this Court a communication, in Na.Ka.No.385/2002/A1, dated 13.11.2008, from the Executive Officer of Vennanthur Town Panchayat, stating that the concerned Health Supervisor had submitted a report stating that the proposed construction of the latrine would not in any way cause public nuisance or health hazards, either to the petitioner or to the people living in the area. It has also been submitted that the latrine has been constructed and is being used by the public belonging to the area. There are no complaints, either from the public or from any non-governmental organisation, with regard to the public latrine, which has already been constructed.
6. In such circumstances, this Court is of the considered view that the petitioner has not shown sufficient cause or reason for this Court to grant the reliefs prayed for by the petitioner. When the second respondent had constructed the public latrine for the use of the public of the area and when it is being maintained, in accordance with the Tamilnadu District Municipalities Act, 1920, and the other rules and regulations applicable to it, no acceptable reason has been shown by the petitioner for this Court to issue the directions, as prayed for in the writ petition. Further, it is seen that there are no complaints either from the public or from any non-governmental organisation, with regard to the public latrine constructed by the first respondent. Therefore, the writ petition stands dismissed. No costs. Consequently, W.P.M.P.No.2754 of 2003 is closed.
csh
To
1.The District Collector and
Inspector of Panchayat,
Namakkal District, Namakkal.
2.The Executive Officer,
Vennanthur Town Panchayat,
Vennanthur-637 505,
Namakkal District