[Cites 1, Cited by 0]
Madras High Court
S.Ponnaiah vs The District Collector on 17 March, 2026
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.(MD)No.7120 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.(MD)No.7120 of 2026
and
W.M.P.(MD)No.5835 of 2026
S.Ponnaiah ... Petitioner
-vs-
1.The District Collector,
Pudukkottai District.
2.The Executive Officer,
Illuppur Town Panchayat,
Illupur Post and Taluk,
Pudukkottai District. ... Respondents
PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondents not to proceed with
construction of the new public toilet in S.No.455/6 of Illupur Village and Taluk,
Pudukkottai District, by considering the petitioner's representation dated
06.02.2026.
For Petitioner : Mr.P.Ganapathi Subramanian
For Respondents : Mr.P.Subbaraj
Special Government Pleader
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W.P.(MD)No.7120 of 2026
ORDER
The Writ Petition has been filed seeking the issuance of a Writ of
Mandamus forbearing the respondents from proceeding with the further
construction of a new public toilet in Survey No.455/6 at Iluppur Village and
Taluk, Pudukottai District, by considering the petitioner’s representation dated
06.02.2026.
2. Upon consideration of the petitioner’s representation and the
submissions made by the learned counsel for the petitioner, it is seen that Iluppur
Village has an approximate population of 700 people. There already exists a
toilet-cum-washing complex consisting of 8 units, each comprising both a toilet
and a bathroom. The said structure is well constructed, with tiles laid up to a
height of 6 feet. However, the same has been left abandoned without proper
maintenance and stands as a waste of public funds. Despite the same, a new toilet
complex is being constructed adjacent to the petitioner’s property. The
construction is presently halfway through, and therefore, the petitioner has
approached this Court.
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3. The learned Special Government Pleader submitted that, although
another toilet complex exists, it is situated about 200 meters away from the
present site and was constructed in the year 2012. Under a new scheme, the
present construction is being undertaken for the benefit of the villagers, and the
petitioner is objecting solely on the ground that it is located near his residence.
4. I have considered the rival submissions made on either side and perused
the materials available on record.
5. It is true that the petitioner has approached this Court primarily because
the proposed toilet is located near his house. However, considering that the
Village has a population of only about 700 people, and in light of the
implementation of the Swachh Bharat Scheme, under which individual household
toilets are provided with subsidy, the necessity for multiple public toilet
complexes arises for consideration. Merely because a new scheme is introduced,
existing infrastructure cannot be allowed to fall into disuse while new
constructions are undertaken. A photograph of the existing toilet complex has
been annexed as Annexure–I to this order.
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6. In these circumstances, this Court is of the prima facie view that if the
existing toilet complex is properly cleaned and maintained, it can effectively
serve the needs of the villagers, provided adequate water supply is ensured. It is a
common occurrence in villages that several public buildings remain abandoned.
With the introduction of new schemes, authorities often focus on constructing
new buildings, while existing facilities such as Primary Health Centre Buildings,
ration shops, and toilet complexes are neglected.
7. When the existing toilet complex was constructed only in the year 2012,
and merely about 13 years have elapsed, the necessity of constructing another
toilet complex must be carefully examined by the first respondent.
8. In view of the above, the first respondent is directed to consider the
petitioner’s representation dated 06.02.2026. Due notice shall be issued to the
petitioner as well as to the concerned Panchayat authorities, and the matter shall
be decided by the first respondent / District Collector. While doing so, it shall be
borne in mind that constructing buildings which are later abandoned serves no
useful purpose, particularly, when household toilets are already available. The
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necessity for an additional toilet complex shall be assessed in light of the actual
requirements of the village and the proper utilization of public funds. If deemed
appropriate, and with necessary permissions from the competent authorities, the
partially constructed building may be converted into a Library or put to any other
beneficial public use. The entire exercise of conducting an enquiry and passing
final orders shall be completed within a period of four weeks from the date of
receipt of a copy of this order.
9. Accordingly, the Writ Petition stands disposed of. No costs.
Consequently, the connected Miscellaneous Petition is closed.
17.03.2026
Neutral Citation : No
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Annexure - 1
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To:-
1.The District Collector,
Pudukkottai District.
2.The Executive Officer,
Illuppur Town Panchayat,
Illupur Post and Taluk,
Pudukkottai District.
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D.BHARATHA CHAKRAVARTHY, J.
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17.03.2026
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