Madras High CourtWP(MD)/7932/2018disposed of

M.A.Ismail v. The Principal Secretary

2018-08-09Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.7932 of 2018 and W.M.P.(MD)No.7508 of 2018 M.A.Ismail : Petitioner Vs.

1. The Prinicipal Secretary, Rural Development and Panchayat Raj Department, Secretariat, Fort St. George, Chennai-600 009.

2. The Principal Secretary, Public Works Department, Secretariat, Fort St. George, Chennai-600 009.

3. The District Collector, Ramanathapuram District, Ramanathapuram.

4. The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

5. The Special Officer, Azhagankulam Panchayat, Mandapam Panchayat Union, Ramanathapuram District.

: Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the fourth respondent from interfering the service of providing drinking water to the poor and needy general public as well as the Government and Private Educational Institutions and Hospitals within the Ramanathapuram Taluk in Ramanathapuram District from the well situated at Survey No.201/10 to an extent of 1 acre 1 cent of Azaghankulam Village Ramanathapuram Taluk, based on the petitioner's representation dated 28.03.2018 within the period stipulated by this Court.

For Petitioner : Mr.Ananth C.Rajesh For R1 to R4 : Mr.M.Rajarajan Government Advocate For R5 : Mr.M.Murugan

ORDER

This Writ Petition has been filed for forbearing the fourth respondent from interfering the service of providing drinking water to the general public and Government and Private Educational Institutions and Hospitals at Ramanathapuram Taluk. 2.The learned counsel appearing for the petitioner submitted that the petitioner is taking water from his property and supplying water to the general public and also Government and Private Educational Institutions and Hospitals. 3.Per contra, the learned Government Advocate appearing for the respondents submitted that there is an objection from the villagers with regard to the sinking of the bore well by the petitioner and taking water. That apart, it is the submission of the learned Government Advocate that the water is being drawn, without any permission from the authorities.

On the complaint given by the villagers, the petitioner has been stopped from drawing of water and making supplies to out-siders. 4.In this regard, the petitioner has given representation, dated 28.03.2018 to the respondents. Taking note of the nature of the case, the fifth respondent is directed to consider the representation made by the petitioner and pass orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

5.With the above directions, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is also closed. No costs.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar(CS-I) To