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Madras High CourtWP/20912/2024disposed of

Shanthi v. The District Collector

2024-07-26Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.20912 of 2024 Shanthi

...Petitioner

Vs

1. The District Collector, Tiruppur.

2. The Assistant Director, Department of Rural Development and Panchayat Raj Tiruppur District.

3. The Block Development Officer, Palladam Panchayat Union Tiruppur.

4. The Panchayat President Palladam Panchayat Union Tiruppur.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 24.04.2024 and to give water connection into the residential house of the petitioner situated at No.3/116/F, SRP Nagar, Poomalur, Pallipalayam, Palladam, Tiruppur-641 664 and pass orders.

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For Petitioner : Mr. R. Saravanan For Respondents : Mr.M.Venkateswaran for R1 & R2 Special Government Pleader Mr.K.Surendran for R3 & R4 Additional Government Pleader

ORDER

The petitioner has filed this Writ Petition seeking a direction to the respondents to consider the representation of the petitioner dated 24.04.2024 and to give water connection into the residential house of the petitioner situated at No.3/116/F, SRP Nagar, Poomalur, Pallipalayam, Palladam, Tiruppur-641 664 and pass orders.

2.Mr.M.Venkateswaran, learned Special Government Pleader takes notice for the Respondents 1 and 2. Mr.K.Surendran, learned Additional Government Pleader takes notice for the Respondents 3 and 4. In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.

3. The case of the petitioner is that one Mr.B. Dineshkumar is the absolute owner of the property admeasuring an extent of 660 sq.ft 2/6

comprised in Old S.No.244/2 and New S.No.244/2A situated at Poomalur Village, Palladam Taluk, Palladam Sub-registration Office, by virtue of the sale deed dated 22.12.2021 registered as Doc.No.20282/2021 at the Office of SRO, Palladam. The said B. Dineshkumar had purchased the plot No.7 from an unapproved layout and thereafter he had submitted an application to the 3rd respondent seeking regularization of plot No.7 and paid necessary charges as levied by the 3rd respondent, on which, the 3rd respondent had passed an order on 06.01.2023 regularizing the plot No.7. While being so, the petitioner had purchased the aforesaid plot from B.Dineshkumar vide sale deed dated 02.03.2023 registered as Doc.No.4280 of 2023 with the Office of Sub-Registrar, Palladam.

Thereafter, the petitioner had put up a two storeyed residential house with the approved building plan granted by the 3rd respondent vide order dated 11.01.2023 bearing Ref.No.33/2022-23. Thereafter, he has been peacefully residing in the said residential building with his family and also duly paying the property tax in respect of the said property. Thereafter, he approached the 4th respondent seeking to arrange supply of water through house service connections. The 4th respondent refused to accept the application.

first respondent on 24.04.2024. However, the same was not considered. Hence this petition.

4. The learned counsel for the petitioner submitted that his representation dated 24.04.2024 was not considered by the respondents. Hence, he prays this Court to issue a direction to the respondents to consider the petitioner's representation and pass orders.

5. The learned Special Government Pleader appearing for the respondents 1 and 2 and the learned Additional Government Pleader appearing for the respondents 3 and 4 submitted that they will consider the case of the petitioner and take action in the manner known to law.

6. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 24.04.2024 and pass orders on merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioner, within a period of four weeks from the date of 4/6

receipt of a copy of this order.

7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

26.07.2024 (2/2) Index:Yes/No Speaking order/Non-speaking order gv To

1. The District Collector, Tiruppur.

2. The Assistant Director, Department of Rural Development and Panchayat Raj Tiruppur District.

3. The Block Development Officer, Palladam Panchayat Union Tiruppur.

4. The Panchayat President Palladam Panchayat Union Tiruppur.

5. The Public Prosecutor, High Court, Madras.

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V.BHAVANI SUBBAROYAN,J.

gv W.P.No.20912 of 2024 26.07.2024 (2/2) 6/6