Madras High Court

WP(MD)/31799/2026 of P.Muthusamy Vs The District Collector on 10 November 2026

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WP(MD) No. 31799 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 10-11-2026

CORAM

THE HON'BLE MR.JUSTICE N.DILIP KUMAR

WP(MD) No. 31799 of 2026

CNR:{HCMD011576872026}

P.Muthusamy

..Petitioner(s)

Vs

1. The District Collector,

Collectorate,

At Nagercoil,

Kanniyakumari District.

2. The Commissioner,

Kollemcode Municipality,

Kollemcode,

Kanniyakumari District.

3. The Health Inspector,

Kollemcode Municipality,

Kollemcode,

Kanniyakumari District.

..Respondent(s)

PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the respondents to restore the drain pipe passing through the market which was laid as per the proceedings of the 1st respondent dated 27-02-2013 by considering petitioner's representation dated 12-10-2026 within a time frame that may be fixed by this Court.

For Petitioner(s)

:Mr.SC.Herold Singh

For Respondent(s)

:Mr.T.Sivasubramanian

Government Advocate(Civil Side)

__________

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WP(MD) No. 31799 of 2026

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ORDER

Seeking to direct the respondents to restore the drain pipe passing through the market which was laid as per the proceedings of the 1st respondent dated 27.02.2013 by considering petitioner's representation dated 12.10.2026, this writ petition is filed.

2. The petitioner is the owner of the property comprised in Eludeson ‘B’ Village, bearing Survey No.150-10, where he has been residing with his family for over three decades. Due to repeated raising of the road level, his house is situated below the road level, resulting in rainwater entering and stagnating within the compound. To prevent flooding, the petitioner was permitted by the 1st respondent, by proceedings dated 27.02.2013, to lay an underground pipeline through the market to drain the rainwater. However, on 09.10.2026, the respondents, without notice or authority, allegedly demolished the compound wall and damaged the pipeline, thereby obstructing the drainage of rainwater. Consequently, rainwater has started stagnating in the compound and contaminating the drinking water well, causing damage to the house and posing a serious threat to the safety and health of the petitioner and his family. Despite submitting a representation dated 12.10.2026, no effective action has been taken. Hence, the petitioner has filed this writ petition. __________

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WP(MD) No. 31799 of 2026

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely.

4. Without going into the merits of the case, this Court directs the 2nd respondent to consider the petitioner's representation, dated 12.10.2026 and pass appropriate orders, in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition stands disposed of. No costs.

10-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gbg __________

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WP(MD) No. 31799 of 2026 To

1. The District Collector Collectorate At Nagercoil Kanniyakumari DistrictKanniyakumari

2. The Commissioner Kollemcode Municipality Kollemcode Kanniyakumari District

3. The Health Inspector Kollemcode Municipality Kollemcode Kanniyakumari District __________

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WP(MD) No. 31799 of 2026 N.DILIP KUMAR, J. gbg WP(MD) No. 31799 of 2026 10-11-2026 __________

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