1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16/08/2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD) No.9127 of 2011 S.Nessaian ... Petitioner Vs. 1.The District Collector, Kanyakumari District at Nagercoil. 2.The Assistant Director, Health Department, Krishnan Kovil, Nagercoil, Kanyakumari District. 3.The President, Kattathurai Village Panchayat, Pilavilai, Kattathurai - 629 158, Kanyakumari District. 4.S.Azhakesan ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, to direct the second and third respondents to remove the septic tank situated nearby the petitioner's house. For petitioner .. Mr.R.Ramachandran For respondents .. Mr.M.Govindan, 1 to 3 Special Government Pleader ORDER The petitioner has sought for a mandamus directing the respondents 2 & 3 to remove the septic tank, situated nearby his house. According to him, the fourth respondent, who is living 10 feet away from his house, has put up a septic tank, due to which, bad smell has emanated, and the petitioner is not in a position to use his kitchen. Being aggrieved by the action of the fourth respondent, the petitioner has made a representation, dated 30.01.2009, to the District Collector, Kanyakumari District, the first respondent herein and to the Assistant Director, Health Department, Krishnan Kovil, Nagercoil, the second respondent herein. It is the further contention of the petitioner that though the Deputy Director of Health Services, Nagercoil, in his proceedings in O.Mu.No.1196/A3/2009, dated 23.04.2009, has directed the President of the Kattathurai Village Panchayat, to take action on the representation of the petitioner and to report the same to him, till date no action has been taken by the abovesaid authority and https://hcservices.ecourts.gov.in/hcservices/ 2 therefore, a mandamus has been sought for by the petitioner against the respondents 2 & 3. 2.Heard the learned counsel for the petitioner. 3.When the learned counsel for the petitioner was confronted with a question to point out the relevant provision of law, on the basis of which the petitioner claims to have statutory or legal right, to seek for removal of a septic tank, alleged to have been constructed by his neighbour, he is not in a position to refer to any provision. If there is any nuisance caused to the writ petitioner, on account of the construction of a septic tank, it is for him to approach the Civil Court and establish the same by letting in evidence. Even if the construction of the toilet has caused any inconvenience to the usage of his kitchen, it is purely a civil right, which cannot be adjudicated on mere averments. Under the guise of exercising a legal right, after sending representations, the petitioner, by impleading District Collector and other authorities, has sought for removal of a septic tank constructed adjoining to his house, as if the Head of the District Administration has no other administrative work. It is rather unfortunate that an extraordinary remedy under Article 226 of the Constitution of India is sought to be used for trivial matters. In such view of the matter, this Court is not inclined to issue any mandamus as sought for by the writ petitioner. Hence, the writ petition is dismissed. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Kanyakumari District at Nagercoil. 2.The Assistant Director, Health Department, Krishnan Kovil, Nagercoil, Kanyakumari District. +one cc to Special Government Pleader, Sr.No.27905 W.P.(MD) No.9127 of 2011 16.08.2011 gcg SMA/17.8.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/