1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:01.12.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA and THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition(MD)No.13769 of 2011 T.Rajamanickam :Petitioner -Vs- 1.The Superintending Engineer, Public Works Department, Thamirabarani River Basin, Tirunelveli. 2.The District Environmental Engineer, Tamil Nadu Pollution Control Board, 30/2, SIDCO Small Scale Industries Campus, Pettai, Tirunelveli. 3.The Corporation Health Commissioner, Tirunelveli Corporation, Tirunelveli District. 4.The Assistant Commissioner, Hindu Religious Endowment Board Department, A.R.Line Road, Tirunelveli. 5.The Executive Officer,Arulmighu Swami Nellaiappar Gandhimathi Ambal Temple, Hindu Religious Endowment Board Department, Tirunelveli. :Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, to direct the respondents to remove all wastages from the Theppakulam and maintain the same by fixing a camera vide the representation of the petitioner dated 21.09.2011 and 08.10.2011 within a time frame fixed by this Hon'ble Court. For petitioner :Mr.D.Saravanan For respondents:Mr.K.Mahendran,Spl. Government Pleader for R1 & R3 to R5 Mr.C.Ilaman for R2 ORDER (Order of the Court was made by K.N.BASHA, J.) The petitioner has come forward with this petition, seeking for the relief of direction to the respondents to remove all wastages from Theppakulam and maintain the same by fixing a camera, as per his representations, dated 21.09.2011 and 08.10.2011, within a stipulated time. 2.Mr.K.Mahendran, learned Special Government Pleader takes notice for the respondent Nos.1, 3 to 5. Mr.C.Ilaman, learned standing counsel takes notice for the 2nd respondent. 3.By mutual consent of the learned counsel appearing for the parties, the writ petition itself is taken up for final disposal, at the stage of admission itself. 4.Though the petitioner has come forward with the larger prayer, it is now submitted by the learned counsel for the petitioner that the petitioner would be satisfied, if a direction is given to the fourth respondent to consider his representation, dated 21.09.2011. https://hcservices.ecourts.gov.in/hcservices/ 2 5.The learned counsel for the petitioner would submit that the Theppakulam, situated at Arulmighu Swami Nellaiappar Gandhimathi Ambal Temple, was used to take bath by the pilgrims and now, it has become polluted by dumbing wastages by the pilgrims and the shops available in and around the said place. In order to safeguard the same, the petitioner has preferred representations dated 21.09.2011 and 08.10.2011 and inspite of the same, no action has been taken by the respondents and as such, the petitioner has been constrained to approach this Court with the present writ petition with the aforesaid prayer. 6.Heard the learned Special Government Pleader appearing for the respondent Nos.1, 3 to 5 and the learned standing counsel for the 2nd respondent, on the submission made by the learned counsel for the petitioner 7.We have given our careful and anxious consideration to the rival contentions put forward by either side and also perused the materials available on record. 8.Considering the limited prayer made by the learned counsel for the petitioner, this Court, without going into the merits of the representation of the petitioner, dated 21.09.2011 and without expressing any view on such representation, constrained to direct the fourth respondent herein to consider the representation of the petitioner, dated 21.09.2011 and dispose of the same, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order. The petitioner shall also furnish a fresh copy of the representation, dated 21.09.2011, to the fourth respondent, along with the order copy of this Court, within a period of ten days from the date of receipt of a copy of this order. 9.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (T&P) / TRUE COPY / Sub Assistant Registrar To: 1.The Superintending Engineer, Public Works Department, Thamirabarani River Basin, Tirunelveli. 2.The District Environmental Engineer, Tamil Nadu Pollution Control Board, 30/2, SIDCO Small Scale Industries Campus, Pettai, Tirunelveli. 3.The Corporation Health Commissioner, Tirunelveli Corporation, Tirunelveli District. 4.The Assistant Commissioner, Hindu Religious Endowment Board Department, A.R.Line Road, Tirunelveli. 5.The Executive Officer,Arulmighu Swami Nellaiappar Gandhimathi Ambal Temple, Hindu Religious Endowment Board Department, Tirunelveli. +1CC to The Special Government Pleader. SR.No.42521. Gcg Order in WP(MD)No.13769 of 2011 RP/13.12.2011/2P/7C. 01.12.2011. https://hcservices.ecourts.gov.in/hcservices/