S.Mageshwari v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Mageshwari ... Petitioner in W.P.No.14562 of 2024 K.Shanmugam ... Petitioner in W.P.No.14563 of 2024 Murugan ... Petitioner in W.P.No.14886 of 2024 S.Ilakhiya ... Petitioner in W.P.No.15191 of 2024 -VsThe Commissioner, Arni Municipality, Arni Town, Tiruvannamalai - 632 301. ... Respondents in all W.Ps Common Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to consider and dispose the representation of the petitioners submitted on 19.01.2024 through post along with public and reminder representation on 07.02.2024, under registered cover for restoration of water connection, on merits and in accordance with law, within time stipulated by this Hon'ble Court. In all W.Ps For Petitioners : Mr.K.Shakespeare For Respondent : Mr.P.Srinivas Standing Counsel
COMMON
ORDER
These writ petitions have been filed for direction directing the respondent to consider and dispose the representation of the petitioners submitted on 19.01.2024 through post along with public and reminder representation on 07.02.2024, under registered cover for restoration of water connection, on merits and in accordance with law, within time stipulated by this Hon'ble Court.
2. Heard the learned counsel on either side and perused the materials available on record.
3. The petitioners are in possession and enjoyment of their respective properties and they are having water connection for their residence. While being so, the land comprised in S.No.191, C-6 Block, Ward "C", S.F.No.3/1, ad-measuring 70 ares, 85 sq.m is a Government Poramboke land and is classified as vacant land as per the revenue records. As per the recommendation of the Municipality Commissioner, under the Tiruvannamalai District Tamil Nadu Government Special Plan free house site patta were issued, in which some of the persons were not issued patta including the petitioners. Therefore, they approached this Court by way of writ petitions. In the meanwhile, some of
the persons filed civil suit for declaration declaring that the said land as burial ground. Now, it is pending before the Hon'ble Supreme Court of India.
4. However, some persons are burying the dead bodies in the Government Poramboke land. While digging up the grave, they damaged the water pipe connection to the residence of the petitioners. Therefore, the petitioners submitted representation to restore the water connection.
5. In view of the above, the respondents are directed to consider the request made by the petitioners and take steps to restore the water connection to the petitioners if otherwise eligible, in accordance with law.
6. With the above directions, these writ petitions are disposed of. There shall be no order as to costs.
19.08.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn G.K.ILANTHIRAIYAN. J,
mn To The Commissioner, Arni Municipality, Arni Town, Tiruvannamalai - 632 301.
19.08.2024