M.Velusamy v. The Executive Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2020

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.No.18853 of 2020 and WMP No.23437 of 2020 M.Velusamy

...Petitioner

Vs.

1 The Executive Engineer Perundurai , Erode District.

2 The Assistant Executive Engineer Chennimalai Rural Chennimalai, Perundurai , Erode District.

3 M.Subramaniam

...Respondents

This Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents 1 and 2 from giving service connection in favour of the 3rd respondent for the bore well situated in S.No. 1027/2, Muruganthozhuvu Village, Perundurai Taluk, Erode District.

For Petitioner :

Mr.C.Prakasam For Respondents 1 & 2 :

Mr.N.Damodharan Standing Counsel

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus forbearing the first and second respondent from giving service connection in favour of the third respondent for the bore well that is situated in the subject property.

2.

The case of the petitioner is that the third respondent, who has absolutely no right over the subject property is attempting to get a service connection from the bore well situated in the property belonging to the petitioner. The petitioner has given objections in this regard to the first and second respondent on 21.10.2020. Since the same was not considered, the present Writ Petition has been filed before this Court.

3.

Heard Mr.C.Prakasam, learned counsel for petitioner and Mr.N.Damodharan, learned standing counsel for respondents 1 and 2.

4.

Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the first respondent to consider the representation made by the petitioner on 21.10.2020 and conduct an enquiry after giving an opportunity to the petitioner and the third respondent and a decision shall be taken within a period of four weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the first respondent along with all the relevant documents and a copy of this order.

5.

This Writ Petition is disposed of with the above directions. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mra To 1 The Executive Engineer Perundurai , Erode District.

2 The Assistant Executive Engineer Chennimalai Rural Chennimalai, Perundurai , Erode District.

W.P.No.18853 of 2020 and WMP No.23437 of 2020 MJB(CO) NS(28/12/2020)