Satellite City vs. S.Sivarasu

CONT P(MD). No.302 of 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Monday, the Sixth day of February Two Thousand and Twenty Three PRESENT The Honble Dr.Justice G.JAYACHANDRAN AND The Honble Mr.Justice P.D.AUDIKESAVALU CONT P(MD). No.302 of 2020 1 SATELLITE CITY, Anna Nagar Residents Welfare Association, (Reg.220/2012), Rep through its General Secretary, Thiru.M.Kaliyaperumal, M/6, Anna Nagar, Phase I, Trichy – 26. ... Petitioner / Petitioner Vs 1 S.SIVARASU The District Collector, Trichy, Trichy District. 2 H.Suganya President, Kumbakudi Village Panchayat, Trichy.

• 3 A.James President, Navalpattu Village Panchayat, Trichy.
• 4 N.Ravichandran The Commissioner, Trichy Municipality, Trichy. ... Contemnors /

Respondents 1,5,6 & 9

Prayer in CONT P(MD). No.302 of 2020:- This Contempt Petition filed under section 11 of Contempt of Court Act, 1971, praying this Court to punish the Contemnors/Respondents 1,5,6 and 9 for the willful disobedience of the order dated 06.12.2018 passed in WP(MD)No.20817 of 2018 by this Court. https://www.mhc.tn.gov.in/judis

Prayer in WP(MD). 20817/ 2018 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of mandamus directing the respondents to renovate the Sewage treatment Plant and properly maintain the existing underground drainage system of Anna Nagar Satellilte City, Trichy periodically.

Order :-

This Contempt Petition coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. R. Maheswaran, Advocate for the Petitioner and of Mr. D.Sasikumar, Additional Government Pleader for the respondents, this Court made the following order:

"The residents of Satellite City through their Association approached this Court, seeking a Writ of Mandamus, to direct the respondents to renovate the sewage treatment plant and maintain the underground drainage system of Anna Nagar Satellite City, Trichy, which were not in good shape for few years ago. But, due to negligence of the local body, the sewage treatment plant has become defunct and hygiene of the locality has become questionable.

2. When the Writ Petition came up for consideration, it was submitted by the respondents that there is a proposal for passage of underground drainage system with the Tiruchirappalli Municipal Corporation. The fourth respondent/ Commissioner, Trichy Corporation, has given an undertaking that they will provide sewage tanker lorry to the local body to remove the sewage till a permanent solution of merger is effected. This order came to be passed on 06.12.2018, but till date, the undertaking given by the respondents not given effect to. Neither the maintenance of the sewage nor the merger with the Trichy Corporation limit has taken place. Hence, the Contempt Petition is filed.

3. On 09.01.2023, when the Contempt Petition came up for consideration, this Court directed the respondents to provide tanker lorries every week to remove the sewage water till a permanent solution is arrived at.

4. Today, when the matter is taken up for hearing, it is reported that only one sewage tanker lorry came to remove the sewage water. A status report is filed by the District Collector, Trichy, in which, it has been stated that the proposal of merger is pending for the orders from the Government. This Court is of the opinion that even after a lapse of 4 years from passing of order dated 06.12.2018, the plight of the residents has not been properly addressed. Therefore, it is necessary to direct the District Collector, Trichy District, to appear before this Court on 15.02.2023 and explain as to why even after a lapse of four years, https://www.mhc.tn.gov.in/judis

the undertaking given before this Court could not be given effect to.

5. Post the matter on 15.02.2023.

Sd/-

CONT P(MD). No.302 of 2020

Assistant Registrar (C.O)

// True Copy //

/02/2023 Sub Assistant Registrar(CS)

To

• 1 The District Collector, Trichy, Trichy District.
• 2 The President, Kumbakudi Village Panchayat, Trichy.
• 3 The President, Navalpattu Village Panchayat, Trichy.
• 4 The Commissioner, Trichy Municipality, Trichy.

ORDER DATED : 06/02/2023

HEARING DATE : 15/02/2023

==========================

ORDER ==========================

CONT P(MD). No.302 of 2020

ED(14.02.2023) 3P 5C

https://www.mhc.tn.gov.in/judis