1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD)No.8389 of 2011 and M.P(MD)No.1 of 2011 M.Nallathambi ... Petitioner Vs. The Commissioner, Ottanchathiram Municipality, Ottanchathiram Taluk, Dindigul District. ... Respondent Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the respondent to construct the drainage channel in the North South 30 feet road in Thenral Nagar Layout bearing Survey No.230/1A, 1B, 2A1, 2B1 and 133/1A of Ottanchatram and allow the drainage water to pass through the park into the northern side and to remove the nuisance and damage cause to the Thenral Nagar Layout. For Petitioner ... Mr. G. Prabhu Rajadurai For Respondent ... Mr.M.Govindan, Special Govt. Pleader ORDER This writ petition has been filed by the petitioner to issue a writ of Mandamus directing the respondent to construct the drainage channel in the North South 30 feet road in Thenral Nagar Layout bearing Survey No.230/1A, 1B, 2A1, 2B1 and 133/1A of Ottanchatram and allow the drainage water to pass through the park into the northern side and to remove the nuisance and damage cause to the Thenral Nagar Layout. 2. Mr.M.Govindan, learned Special Government Pleader takes notice for the respondent. 3. The petitioner sent a legal notice and a representation both dated 05.07.2011 stating that the drainage water is flowing into the Layout and causing great health hazard and since the same has not been considered by the respondent, the writ petition has been filed. 4. Without going into the merits of the petitioner's claim, the respondent is directed to consider the representation of the petitioner dated 05.07.2011 on its own merit and in accordance with law. If any third party will be affected by the nature of the relief sought for by the petitioner, the authority shall hear such person to avoid the allegations of violation of principles of natural justice. It is made clear that this Court has not expressed any opinion on the merits of the case and the authority concerned is free to deal with the matter on its own merit as per law. 5. The writ petition is disposed of as above. Consequently, the connected Miscellaneous Petition is closed. No costs. SD ASST REGISTRAR ( CRL SIDE ) /TRUE COPY/ rsb SUB ASST REGISTRAR To: The Commissioner, Ottanchathiram Municipality, Ottanchathiram Taluk, Dindigul District. 1CC TO THE SPL. GOVT PLEADER SR: 25228: DM::2011:AUGUST:05:: W.P.(MD)No.8389 of 2011 and M.P(MD)No.1 of 2011 1P:3C:: 28.07.2011 https://hcservices.ecourts.gov.in/hcservices/