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Madras High CourtWP/13258/2025disposed of

S.Vasanthi v. The District Collector

2025-04-15Honourable Mr Justice J.Sathya Narayana Prasad6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-04-2025

CORAM

THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD WP No.13258 of 2025 and WMP.No.14834 of 2025 S.Vasanthi, W/o.Late Saravanan, 745 Naicker Kattuvalavu, Kottagoundampatti Village, Omalur Taluk, Salem District - 636 011.

Petitioner(s) Vs 1.The District Collector, Salem, Salem District.

2.The Block Development Officer, Union Office, Omalur, Omalur Taluk, Salem District.

3.The Executive Officer, Village Panchayat, Kottagoundampatti Village, Omalur Taluk, Salem District.

Respondent(s) 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the respondents to restore the piped water supply to the petitioner's house by considering her representation dated 25.06.2024 and 08.07.2024 and pass such further orders.

For Petitioner(s):

Mr.M.Elango For Respondents:

Mr.M.Rajendiran, Additional Government Pleader

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to restore the piped water supply to the petitioner's house by considering her representation dated 25.06.2024 and 08.07.2024 respectively.

2. The petitioner resides at Naickar Kattuvalavu, Kottagoundampatti Village, Omalur Taluk, Salem District, along with her aged mother. The Village Panchayat provided her house with a piped water connection, which had been functioning without interruption for the past 20 years. In June 2024, the Village Panchayat President abruptly severed the water connection by capping the 2/6

pipeline. When the petitioner approached the Panchayat Office, she was informed that the disconnection was done as per the President's direction and that the connection would not be restored. She made representations on 25.06.2024 and 08.07.2024 to the authorities, which were forwarded to the concerned officials, but no action was taken.

3. Learned counsel appearing for the petitioner submits that the disconnection of the water supply is arbitrary, unjust, and done without any prior notice or justification. He submits that the right to access water is essential for survival and falls under the right to life guaranteed under Article 21 of the Constitution of India, which has been violated for the petitioner. He submits that the act against the petitioner is in violation of Article 14, stating that the action is discriminatory and violative of her fundamental rights. The learned counsel for the petitioner further submits that due to the hardship faced by the petitioner and her elderly mother due to lack of domestic water, she filed this present writ petition.

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4. Learned Additional Government Pleader appearing for the respondents submits that the representations of the petitioner dated 25.06.2024 and 08.07.2024 respectively, would be considered on merits, in accordance with law, within a time frame stipulated by this Court.

5. Heard both sides and perused the materials available on record.

6. Without going into the merits of the case, the second and third respondents are directed to restore the piped water supply to the petitioner's house by considering her representations dated 25.06.2024 and 08.07.2024 after conducting a detailed enquiry by giving due notice to the petitioner, affording an opportunity of personal hearing to the petitioner, to take into consideration all the relevant documents submitted by the parties, and pass appropriate orders on merits, in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order. 4/6

In the result, the writ petition stands disposed of with the above observations and direction. No costs. Consequently, connected miscellaneous petition is closed.

15-04-2025 cda Index:Yes/No Speaking/Non-speaking order To 1.The District Collector, Salem, Salem District.

2.The Block Development Officer, Union Office, Omalur, Omalur Taluk, Salem District.

3.The Executive Officer, Village Panchayat, Kottagoundampatti Village, Omalur Taluk, Salem District.

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J.SATHYA NARAYANA PRASAD J.

cda 15-04-2025 6/6