Madras High CourtWP/25606/2025disposed of

S.Prakash v. The District Collector

2025-07-15Honourable Mrs.Justice N. Mala6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2025

CORAM:

THE HONOURABLE MRS. JUSTICE N.MALA S.Prakash .. petitioner vs 1.The District Collector O/o.District Collector Namakkal.

2.The Tahsildar Office of Tahsildar, Rasipuram Namakkal District.

3.The Executive Officer Pillanallur Town Panchayat Pillanallur, Rasipuram Taluk Namakkal District 4.The President Pillanallur Town Panchayat Rasipuram Taluk, Namakkal District 5.The Inspector of Police Puduchatram Police Station Puduchatram, Namakkal District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 3 to 4 to 1/6

provide with drinking water connection to the petitioner's house existing at Door No.90/1 at Arulmurugan Nagar, Northern Side of Sengunthar Magajana Women Higher Secondary School, Gurusamipalayam, Rasipuram Taluk, Namakkal district with the aid of the 5th respondent through the pipe line laid in SF.No.121/1A of Pillanallur Village, Rasipuram Taluk, Namakkal District within in a reasonable time by considering the representation of the petitioner dated 26.06.2025. For Petitioner : Mr.R.Nalliyappan For Respondents : Mr.M.Shajakhan, SGP for R1 & R2.

Mr.S.Arumugam, GA for R3 & R4.

O R D E R

The writ petition is filed for a direction to the respondents 3 to 4 to provide drinking water connection to the petitioner's house at Door No.90/1 at Arulmurugan Nagar, Northern Side of Sengunthar Magajana Women Higher Secondary School, Gurusamipalayam, Rasipuram Taluk, Namakkal district, on the basis of the petitioner's representation dated 26.06.2025, within reasonable time.

2. The petitioner purchased under a sale deed dated 19.01.2022, the property in Plot.No.7, Arulmurugan Nagar existing SF.No.121/1A, along with a right to use the pathway. Pursuant to the sale deed, the petitioner 2/6

constructed the house and obtained electricity connection. Thereafter, the petitioner approached the respondents 3 and 4 for drinking water connection to his house through the underground pipeline laid by the 4th respondent in the existing pathway in SF.No.121/1A. The petitioner states that when the work was in progress, the 6th respondent claiming exclusive right to the pathway, along with rowdy elements, unlawfully prevented the respondents from connecting the pipeline to the main drinking water pipeline. The petitioner states that the 6th respondent had no exclusive right to the pathway. According to the petitioner, the private respondent suffered a decree in a Civil Suit in OS.No.189 of 2008. On 10.06.

2009, the Civil Court declared that the petitioner had easmentary rights over the pathway and granted injunction restraining the respondents from interfering with his peaceful possession and enjoyment of the property. Under the circumstances, the petitioner submitted a representation on 26.06.2025, to the first respondent, for appropriate action for providing water connection to his property. However, till date no action was taken, hence, the present writ petition.

3.Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents 1 & 2 and the learned Government 3/6

Advocate for the respondents 3 & 4. Perused the materials available on record. With consent of all counsels, this writ petition is taken up for final disposal.

4. In view of the facts and circumstances of the case and without going into the merits of the case, a direction is issued to 3rd respondent to consider the representation of the petitioner dated 26.06.2025, by affording an opportunity of hearing to the petitioner as well as to the private respondents and thereafter pass orders in the light of the decree passed by the Civil Court in OS.No.189 of 2008 dated 10.06.2009, within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs. 15.07.2025 Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh To 1.The District Collector O/o.District Collector 4/6

Namakkal.

2.The Tahsildar Office of Tahsildar, Rasipuram Namakkal District.

N. MALA , J.

tsh 15.07.2025 6/6