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Madras High CourtWP/43421/2025ordered

Muniyamma v. The State Of Tamilnadu

2025-11-18Honourable Mr.Justice V. Lakshminarayanan11 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2025

CORAM

THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN Muniyamma ... Petitioner Vs

1. The State of Tamil Nadu, Represented by its Principal Secretary, Department of Municipal Administration and Water Supply, Secretariat, Chennai - 600 009.

2. The District Collector, Collectorate Office, Krishnagiri District, Krishnagiri - 635 001.

3. The Assistant Director (Panchayats), Collectorate Campus, Krishnagiri - 635 001.

4. The Block Development Officer, Bargur Panchayat Union, Bargur, Krishnagiri District - 635 104.

... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus seeking to direct the respondents, particularly 1/11

the second and fourth respondents, to consider the petitioner's representation dated 01.09.2025 and provide a functional potable water tap connection to the petitioner's residence situated at Survey No.112/8, Agraharam Village, Jagadevi Post, Bargur Taluk, Krishnagiri District, within a reasonable time frame. For Petitioner : Mr.K.M.Muralidharan For Respondents : Dr.T.Seenivasan, SGP for R1 : Mr.L.S.M.Hasan Fizal, AGP for RR2 and 3

O R D E R

The petitioner is a senior citizen. She is in occupation of a property in S.No.112/8 situated in Agraharam Village, Bargur Taluk, Krishnagiri District. Apart from the petitioner, there are two other women residing with her, namely, the petitioner's widowed daughters.

2. Near the petitioner's house, the petitioner asserts that there is a water pipeline running, but the petitioner has not been benefited with any supply so far. Hence, she approached the respondents on 14.11.2024 seeking the benefit of water supply. As no action had been forthcoming, they moved the State Government under its new Scheme, "c';fSld; !;lhypd;" and sought for the 2/11

same relief. Though the requisitions were acknowledged by the respondents, no action has been initiated. Hence, the present writ petition seeking for a mandamus to direct the respondents 2 to 4 to grant a functional potable water tap connection to the petitioner.

3. When the writ petition came up on 14.11.2025, Dr.T.Seenivasan, Special Government Pleader, took notice for the first respondent. Mr.L.S.M.Hasan Fizal, Additional Government Pleader, took notice for the respondents 2 and 3 and Mr.C.Sathish, Government Advocate, took notice for the fourth respondent.

4. Considering that it was a plea for water supply, I called upon Mr.C.Sathish to report as to why water supply has not been granted to the hapless widows. He sought time to get instructions and the matter was listed today.

5. Mr.C.Sathish has ensured that the Block Development Officer and other panchayat officials have visited the house where the petitioner is said to be residing. The report states that the house had fallen down and hence, the panchayat is not in a position to grant water supply. The report and the 3/11

photographs produced by Mr.C.Sathish is scanned and extracted hereunder: 4/11

6. Mr.K.M.Muralidharan states that the petitioner and her two daughters 5/11

are residing in a structure resembling a tent, and to substantiate the same, he has produced the following records which are extracted hereunder: 6/11

7/11

7. Though Mr.C.Sathish urged that there is no proof of address of the petitioner, the Aadhaar card issued by the Government of India points out that, the petitioners are residing at Agraharam Jegadevi Post, Kondappanayanapalli, Krishnagiri - 635 104.

8. I have carefully considered the submissions made on both sides and gone through the records.

9. There is a statutory duty imposed on every village panchayat to ensure that water is made available for drinking, washing and bathing purposes. This statutory duty is clear from Section 110 of the Tamil Nadu Panchayats Act, 1994 (in short 'the Act'). The Section nowhere states that a person residing in a temporary shelter is not entitled to water supply.This Court has taken a view that supply of even the artificially created source of energy - electricity, as a human right (see T.M.Prakash & ors. V.The District Collector & ors., (2014) 1 MLJ 261 . If the view of this Court in construing electricity as a human right is to be applied to the case on hand, water is much more of an essential requirement than electricity. It is not in dispute that the petitioner and her daughters are widows, and are not in a financially appreciable position. 8/11

10. When water supply is otherwise available in the panchayat, and when it is not afforded to the persons like the petitioner, it hits at the basic principle which governs this Country, namely, justice socio, economic and political. The respondents are directed to provide water supply to the petitioner and her widowed daughters even to the temporary location in which they are currently staying. I have reached this conclusion since there is no bar under Section 110(g) of the Act, stating water supply will be granted only if a permanent structure is available. The water connection shall be given within a period of three weeks from today.

11. This writ petition is ordered accordingly. No costs. 18.11.2025 rap Index : Yes/No 9/11

To

1. The State of Tamil Nadu, Represented by its Principal Secretary, Department of Municipal Administration and Water Supply, Secretariat, Chennai - 600 009.

2. The District Collector, Collectorate Office, Krishnagiri District, Krishnagiri - 635 001.

3. The Assistant Director (Panchayats), Collectorate Campus, Krishnagiri - 635 001.

4. The Block Development Officer, Bargur Panchayat Union, Bargur, Krishnagiri District - 635 104.

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V.LAKSHMINARAYANAN, J.

rap 18.11.2025 11/11