1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petitioner (MD)No.4083 of 2011 Alagarsamy, S/o.Govindasamy :Petitioner -Vs- 1.The Executive Officer, O/o.Town Panchayat, Vadamadurai, Dindigul District. 2.The Director of Town Panchayats, O/o.The Director of Town Panchayats, Govt. of Tamil Nadu, Elizhagam Buildings, Chennai. 3.The District Collector, Collectorate, Dindigul. :Respondents (R-3 impleaded as per the order dated 09.09.2011,in MP(MD)No.l1 of 2011) Writ Petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus directing the 1st respondent to provide sufficient basic amenities, like street light and drinking water in Pajanai Madam Street in Vadamadurai Town Panchayat Limit, within a time limit. For Petitioner : M.N.S.Ponnaiah For Respondents : Mr.S.Chandrasekaran, Govt.Advocate. ORDER [Order of the Court was made BY K.N.BASHA, J] The petitioner has come forward with this writ petition seeking for the relief of a direction to the 1st respondent to provide sufficient basic amenities, like street light and drinking water in Pajanai Madam Street in Vadamadurai Town Panchayat Limit, within a time frame. 2.The case of the petitioner is that he is a resident of Pajanai Madam Street in Vadamadurai Town Panchayat and he has filed this writ petition by way of public interest litigation. The petitioner served in the Indian Army as a Subedhar Major for 30 years and retired on 01.06.1989 and thereafter he settled in the said village. Pajanai Madam Street in Vadamadurai Town Panchayat is one of the longest street, having nearly hundred inhabitants and there is also an All Women Police Station and a temple. Even during night hours, movements of both gents and ladies will be there in the street Inspite of the same, the said street is not provided with basic amenities and facilities by putting-up street lights and by providing drinking water facilities, etc. Therefore, the petitioner and others preferred several representations and as no action was taken by the respondents, the petitioner was constrained to approach this Court with the present petition with the aforesaid prayer. https://hcservices.ecourts.gov.in/hcservices/ 2 3.Mr.N.S.Ponnaiah, learned counsel appearing for the petitioner, would contend that inspite of giving representations, the respondents have not taken any steps to provide basic amenities. It is contended that the statements made in the counter affidavit filed by the 1st respondent to the effect that streetlights were provided in the disputed street is not correct. Learned counsel would produce a photograph, showing the police station situated in the street, wherein two electric posts are fixed and there is no light. It is pointed out by the learned counsel for the petitioner that there is a police station in the same street and apart from that there is a temple and even the police officials have given representations on several occasions seeking for the relief of providing mercury lamp posts and sintex water tank, etc. but, till date even the representations made by the police were not considered. Learned counsel would further contend that without any basic facilities and amenities, the people who are residing in the street in question are put into great hardship and there is serious threat to their life and property as non- provision of street lights would result in commission of theft and other offences frequently. 4.Per contra, the learned Government Advocate would submit that the facilities and amenities sought for by the petitioner were already provided with as per the counter filed by the 1st respondent herein. It is submitted that the streetlights were provided as per the representation made by the Inspector of Police, All Women Police Station of that village, as the streetlights were fixed on the backside of the police station and a sintex water tank, with a capacity of 2000 litres, along with public tap connection, was also installed. 5.We have carefully considered the contentions put-forward by the counsel on either side and also perused the affidavit filed by the petitioner and the counter affidavit filed by the 1st respondent and other materials available on record. 6.The fact remains that not only the petitioner made representation seeking for the relief of providing basic amenities and facilities, more particularly by providing streetlights and water tank facility, but also the Inspector of Police of All Women Police Station, situated in the same street, has also preferred representations on 30.11.2006 and 05.08.2008 The petitioner also preferred a representation recently on 18.02.2011. 7.The first respondent has filed a counter affidavit in this mater denying the averments made by the petitioner and stated that streetlights were provided as per the representation of the Inspector of Police, All Women Police Station. The learned counsel appearing for the petitioner relied on a photograph of the street and produced the same before us. A perusal of the said photograph makes it abundantly clear that All Women Police Station is situated in the same street and in the said street only two electric poles are found, without any provision of lights. Even in the counter, it is merely stated that at the backside of the police station streetlights were provided, which means it is in the other street and not in the street where the petitioner and others are residing. https://hcservices.ecourts.gov.in/hcservices/ 3 8.It is needless to state that every street should be provided with sufficient number of electric posts with lights/mercury lights; otherwise there would be a threat for commission of offences such as theft, etc. It is very unfortunate to note that even inspite of a police station situating in the same street, even after filing the present writ petition before this Court the respondents have not taken any effective steps to provide basic and fundamental facilities and amenities to the public at large. In the said circumstances, we are constrained to direct the respondents herein to take all effective and necessary steps to provide basic amenities and facilities, like providing electric posts with lights/mercury lights and sufficient number of sintex water tanks for the use of public at large in Pajanai Madam Street, Vadamadurai Town Panchayat, Dindigul District. It is made clear that such exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. 9.With the above direction, the writ petition stands disposed of. No costs. Sd/- Assistant Registrar (T&P) / TRUE COPY / Sub Assistant Registrar To: 1.The Executive Officer, O/o.Town Panchayat, Vadamadurai, Dindigul District. 2.The Director of Town Panchayats, O/o.The Director of Town Panchayats, Govt. of Tamil Nadu, Elizhagam Buildings, Chennai. 3.The District Collector, Collectorate, Dindigul. +1CC to M/s.N.S.Ponnaiah, Advocate. SR.No.39711. Gb RP/18.11.2011/3P/5C. ORDER IN WP(MD)No.4083 of 2011 Dated:15.11.2011 https://hcservices.ecourts.gov.in/hcservices/