The Madras High Court Bench here has expressed concern over nearly seven decades of Independence not having been sufficient for local bodies to provide even basic facilities like sewage drains at least in residential areas within their territorial limits.
A Division Bench of Justices M. Sathyanarayanan and V.M. Velumani said it was a very serious issue, and directed the Secretary, Rural Development and Panchayat Raj Department, to look into the issue. Though the Secretary was not a party to the writ petition on which orders were passed, the judges directed the Registry to mark a copy to him.
The petition had been filed by S. Noordheen of Melatheru at Thulukkarpatti in Kovilpatti taluk of Thoothukudi district, seeking removal of encroachment from a government wasteland used used by him and other residents of the locality for the last 60 years to drain sewage since the local body was yet to provide drainage facility in the residential area.
Accusing a woman, Shakeela Banu, of having encroached upon the government land, he alleged that the Thoothukudi Collector and the Kovilpatti Tahsildar failed to act against the encroacher despite several representations made to them.
He sought a direction to the Collector to remove the encroachments in terms of Section 131(2) of the Tamil Nadu Panchayats Act, 1994.
After recording his submissions and stressing the fact that the local body was yet to provide drainage and other basic facilities, the judges said: “In the considered opinion of this court, this is a very serious issue for the reason that despite this country had Independence about 69 years back, the very basic facilities/amenities are yet to be provided.
“Therefore, this court directs the Secretary to Government, Rural Development Department or the concerned administrative department, to look into the said issue and take expeditious steps to address the grievance.”
The judges directed the president and executive authority of Thulukkarpatti panchayat to initiate action for evicting the encroacher after putting her on notice and communicate the development to the writ petitioner.
Secretary, Rural Development and Panchayat Raj Department, directed to look into the issue
