Madras High CourtWP(MD)/4782/2022disposed of

Muthuganesh v. The District Collector

2022-03-18Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Muthuganesh ... Petitioner Vs.

1.The District Collector, Virudhunagar, 2.The Block Development Officer, Sivakasi, 3.The President, Chokkampatti Village Panchayat Office, Sivakasi Taluk, Virudhunagar - 626 138.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to provide drinking water connection to petitioner's house bearing Door No.1/71 situated at S.No.1382/2E, Chokkampatti Village, Mangalam Post, Sivakasi Taluk, Virudhunagar District based on his application dated 04.10.2021 within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.R.Karunanidhi For Respondent No.1 : Mr.B.Saravanan Additional Government Pleader For Respondents 2 & 3 : Mr.A.Sivanupandian Government Advocate

O R D E R

*********** This Writ Petition has been filed for a Mandamus seeking for a direction to the respondent to provide drinking water connection to the petitioner's house bearing Door No.1/71 situated at S.No.1382/2E, Chokkampatti Village, Mangalam Post, Sivakasi Taluk, Virudhunagar District based on the petitioner's representation dated 04.10.2021, within a time frame to be fixed by this Court. 2.The petitioner claims that he is the absolute owner of the aforementioned property. According to him, he has not been provided with the drinking water facility. In such circumstances, he has submitted a representation on 04.10.2021, requesting the respondents 1/3

to provide drinking water facility to his house. Since the said representation has not been considered till date, the petitioner has filed this writ petition.

3.Heard Mr.R.Karunanidhi, learned Counsel appearing for the petitioner, Mr.B.Saravanan, learned Additional Government Pleader who accepts notice on behalf of the first respondent and Mr.A.Sivanupandian, learned Government Advocate who accepts notice on behalf of the respondents 2 and 3.

4.No prejudice would be caused to the respondents if the petitioner's representation dated 04.10.2021 is considered on merits and in accordance with law after affording a fair hearing to the petitioner within a time frame to be fixed by this Court. 5.Accordingly, this Court directs the third respondent to provide drinking water connection to the petitioner's house bearing Door No.1/71 situated at S.No.1382/2E, Chokkampatti Village, Mangalam Post, Sivakasi Taluk, Virudhunagar District and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner within a period of four [4] weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Virudhunagar, 2/3

2.The Block Development Officer, Sivakasi, 3.The President, Chokkampatti Village Panchayat Office, Sivakasi Taluk, Virudhunagar - 626 138.

+1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-12864[F] dated 18/03/2022 ) +1 CC to M/s.SPL GP ( SR-13195[F] dated 21/03/2022 ) ORDER MADE IN 18.03.2022 KG(CO) GC(30.03.2022) 3P 6C 3/3