LAWS(MAD)-2017-6-250

C R VASANTHA KUMARI Vs. EXECUTIVE OFFICER

Decided On June 22, 2017
C R Vasantha Kumari Appellant
V/S
EXECUTIVE OFFICER Respondents

JUDGEMENT

(1.) When the matter is taken up for hearing, learned counsel appearing for the petitioners submitted that in a similar batch of writ petitions in W.P.No.30805 of 2015 etc., batch, this Court has passed the following order:

(2.) In all these Writ Petitions, the petitioners have sought for issuance of Writ of Certiorari to quash the proceedings of the first respondent. The petitioners are all purchasers of ready built houses, which have been constructed by the second respondent-builder. Though in some of the Writ Petitions, the second respondent has been served, they have not entered appearance.

(3.) The petitioners' case is that one M.Rathindran was the Proprietor of the second respondent Company and he promoted the lands in Veerapandi Village, situated at Press Colony, Veerapandi Town Panchayat, Coimbatore Taluk, Coimbatore District, by constructing independent residential houses. The petitioners have purchased independent houses in the residential layout and some of them have been residing in the said premises. The dispute in the Writ Petitions lies in a very narrow campus, relating to the provision of individual septic tank for each house. By the impugned proceedings, the first respondent has invoked the powers conferred under Tamil Nadu Public Health Act 1930 and directed the petitioners to construct individual septic tanks within a period of ninty days. The petitioners have approached this Court by contending that, the first respondent ought to have seen that there is a common septic tank constructed for 167 houses in the locality, with the concurrence of the first respondent, and that tank has been utilised from 2002 onwards without any defect. In such a situation, the first respondent in hasty and arbitrary manner have issued the impugned proceedings. Further, it is contended that the petitioners are not aware as to what is the nature of the approval granted by the planning authority and as to whether there is any change in the approval. The petitioners were made to believe that there is a common septic tank and underground pipeline with adequate manholes, which is sufficient to fulfill all the clauses prescribed by the Pollution Control Board, have been provided and in use as on date. Therefore, it is submitted that the petitioners should not be called upon to construct individual septic tanks.