LAWS(MAD)-2004-12-46

N MURARI Vs. STATE OF TAMIL NADU

Decided On December 03, 2004
N.MURARI Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) THIS Writ Petition has been filed by the Petitioner for issuance of a Writ of Mandamus, directing the Second Respondent to remove the construction and laying of pipeline for linking the drainage CD in the sketch attached herewith into the canal AB and consequently, direct the Third Respondent to take appropriate steps to prevent linking of drainage into the Channel.

(2.) THE Petitioner is residing at No. 59/1 New Street, opposite Bus Stand Kulithalai, Karur District. Case of the Petitioner is that there a Channel which is marked as AB in the sketch. AB channel runs West to East. The water in the channel was used for irrigating agricultural lands about 15 years ago. But, for more than a decade ago, the water in the channel is not being used for irrigating agricultural lands. Since most of the agricultural lands were converted to vacant lands and houses and other buildings were put up by the inhabitants. Since the water is not being used for agricultural purposes, the width of the Canal was also narrowed considerably. The Petitioner has stated that the Second respondent / Kulithalai Municipality is attempting to join the drainage marked as CD. The proposed drainage carries waster and refuse of the hotels and the drainage water which includes dry Lavatory waster from nearly 50 houses in addition to the silt causing damage to the nearby buildings. The Petitioner opposes laying and joining of CD and AB canal on the ground that by joining the drainage with the existing canal Water pollution would be caused and that would not only affect the human beings, but also animals and birds. The ground water would be affected rendering the water unfit for human consumption. Further case of the Petitioner is that it is the duty of the Government to maintain and protect environment since they have to prevent the water pollution. Letting of waste water through the private properties of the Petitioner and other inhabitants would cause health hazards and hence, the Petitioner seeks an interim order restraining the second respondent from linking CD drainage with canal AB.

(3.) AB channel is running in front of the house of the Petitioner. The said channel was dug during the British period and the same was used for irrigating the agricultural lands. But, for the past 15 years, the said channel is not used for agrarian purpose due to development of the town. The Petitioners house itself is situated on an agricultural land comprising of about 4 acres. the land on which the petitioner has constructed his house was used as an agricultural land and the same was irrigated only through the channel which is running in front of the house. After opening of the bus stand, the said land was converted into Housing Plots. The Petitioners land is situated in the middle and the tail end of the channel.