Madras High Court
The Samythoppu Village Panchayat vs A.Thanga Pandian on 27 September, 2023
2023/MHC/4456
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.09.2023
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD)No.320 of 2013
and
M.P.(MD)No.1 of 2013
The Samythoppu Village Panchayat,
Rep.by its President,
Samythoppu,
Agastheeswaram Taluk,
Kanyakumari District. ...Appellant
/Vs./
1.A.Thanga Pandian
2.The Block Development Officer (Village Panchayat)
Agastheeswaram Taluk,
Kanyakumari District.
3.The District Collector,
Kanyakumari District,
Nagercoil. ...Respondents
[R3 is suo motu impleaded as per order dated 13.09.2023]
1/10
https://www.mhc.tn.gov.in/judis
PRAYER:- Writ Appeal - filed under Clause 15 of Letters Patent Act, to
set aside the order in W.P.(MD)No.7932 of 2012 dated 01.02.2013.
For Appellant : Mr.Aayiram K.Selvakumar
For R2 : Mr.S.Shaji Bino
Special Government Pleader
For R1 : Mr.M.Pandiarajan
Advocate
Commissioner : Mr.K.Vijay Sathiya
JUDGMENT
(Judgment of the Court was delivered by DR.ANITA SUMANTH , J.)
This writ appeal is filed by Samythoppu Village Panchayat
challenging an order passed by the Writ Court on 01.02.2013. The writ
petition had been filed by a resident of Samythoppu Village challenging
the proceedings issued by the Panchayat President directing the writ
petitioner not to let out drainage water into the drain in Mela Radha
Veedhi, Samythoppu, Kanyakumari District.
https://www.mhc.tn.gov.in/judis
2.There was a prayer for consequential direction to the
Panchayat to implement an order passed by the Block Development
Officer in Na.Ka.No.8/1475/2012, dated 14.05.2012 and consequential
direction as against R2 to remove all blockages leading to the drainage
canal so that the effluents from the properties on that road could drain
into the canal.
3.The matter has been heard by us on various dates. The main
ground of appeal is on the classification of Odai itself. On that score, we
had noted vide our order dated 06.07.2023 that Odai in question is
classified as kazhivuneer odai for discharge of sullage and sewage water
(drainage canal) and not a mazhaineer odai (rain water canal).
4.This finding is based on two proceedings; one, of the Block
Development Officer dated 08.11.2011 and another, of the District
Collector, Kanyakumari dated 28.02.2013. Both unambiguously confirm
the position that the canal in question would be a drainage canal only.
https://www.mhc.tn.gov.in/judis
5.We had asked the Panchayat to file an affidavit in order to
remove all further ambiguities on this score. An affidavit dated
27.09.2023 has been filed, where the Panchayat narrates the following:
(i)There are nearly 900 houses in the village, substantial
number of which, according to the Panchayat, have provision for septic
tank and soak bit.
(ii)The Panchayat has not taken any steps thus far to lay
drainage water canal in the streets of the village.
(iii) The Panchayat makes it clear that the entirety of efforts are
targeted towards ensuring that hygiene is maintained in the area.
(iv) There are no records to establish the classification of the
Odai apart from the two proceedings produced before the Court. The
uncertainty in regard to the classification of the odai thus, according to
the panchayat, continues.
6.As regards classification of the canal, we have perused the
proceedings of the District Collector and BDO that are categoric to the
https://www.mhc.tn.gov.in/judis
effect that the canal in question is a drainage canal only. We had sought
for the records of the proceedings, if any, to ascertain if there had been
any inspection of the village prior to the issuance of those proceedings
but are informed by the learned SGP that none are available.
7.No contra material has been produced by the Panchayat to
convince us to take a view opposed to the aforesaid proceedings. Thus,
we reiterate the finding that the canal is to be classified as a drainage
canal only, to receive all effluents from the resident establishments,
barring human waste. As regards human waste, the petitioner, who runs a
lodging house has confirmed that necessary measures including a septic
tank and soak pit have been installed.
8.The Panchayat also confirms that all other establishments,
residential and commercial, including the Sri Vaikunda Ayya temple,
which is situated in Samythoppu village and sees substantial footfall,
have installed septic tanks. Measures have been initiated by the
https://www.mhc.tn.gov.in/judis
Panchayat to ensure that soak pits are also installed in all establishments
expeditiously.
9.Seeing as there has been no stay of the order of the writ court
dated 01.02.2013, it was incumbent on the Panchayat to have taken
necessary steps in regard to provision of infrastructural facilities by now,
as at para 15 of order dated 01.02.2013, the writ Court has directed the
Panchayat to, in line with Section 110 of the Tamil Nadu Panchayat Act,
1994, provide facilities for drainage and disposal of the sullage and not
block the sewage water.
10.In the earlier hearings, the Panchayat had been directed to
cover the canal and it was brought to our note the fact that necessary
funds have been sought from the Public Works Department and that
sanction is awaited. Bearing in mind the urgency, we had directed the
learned Special Government Pleader to obtain instructions from the
District Collector as to how soon endeavor may be commenced both for
https://www.mhc.tn.gov.in/judis
covering of the Odai in question seeing as the classification is established
to be a drainage Odai, as well as for provision of infrastructure for
drainage facilities.
11.Today, we are informed that a sum of Rs.10,00,000/- has
been allocated from out of the discretionary funds of the District
Collector towards covering of the Odai as a first step under proceedings
in Se.Mu.No.A6/3923/2023, dated 26.09.2023. As far as the second step
of putting in place necessary infrastructure is concerned, we are informed
that a resolution will be passed and further and necessary steps will be
taken within an outer time limit of six months from date of receipt of this
order. This is recorded.
12.Till such time the drainage infrastructure is put in place by
the Panchayat, it shall ensure that the channels from the residences and
establishments are kept free from blocks such that the effluents (strictly
barring human waste) discharge into the canal.
https://www.mhc.tn.gov.in/judis
13.What remains is the fee for the Commissioner. Though
under order dated 25.07.2023, we had indicated that the Panchayat would
remunerate the Advocate Commissioner for the visit on 02.09.2023, the
financial position of the Panchayat brought to our notice now, is such that
it cannot afford to do so. Since the inspection by the Commissioner has
been at the instance of the writ petitioner, the writ petitioner is directed to
remit consideration fixed at Rs.25,000/- (Rupees Twenty Five Thousand
only) to the Commissioner whose warrant stands discharged.
14.In light of the directions as above, Writ Appeal stands
disposed. No costs. Consequently, connected miscellaneous petition is
closed.
[A.S.M.J.,] & [R.V.J.,]
27.09.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes
ta
https://www.mhc.tn.gov.in/judis
To
1.The Block Development Officer (Village Panchayat)
Agastheeswaram Taluk,
Kanyakumari District.
2.The District Collector,
Kanyakumari District,
Nagercoil.
https://www.mhc.tn.gov.in/judis
DR.ANITA SUMANTH, J.
AND
R.VIJAYAKUMAR, J.
ta
Order made in
W.A.(MD)No.320 of 2013
Dated:
27.09.2023
https://www.mhc.tn.gov.in/judis
