Madras High CourtWP(MD)/12731/2015disposed of

R. Sundararajan, v. The District Collector

2023-09-25Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN R.Soundararajan ... Petitioner Vs.

1.The District Collector, Dindigul Collector, Dindigul.

2.The Executive Officer, Ayakudi Town Panchayat, Palani Taluk, Dindigul District.

3.R.Nagarajan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the Respondents 1 & 2 to shift the Water Service Connection No. 768 from Door No. 11/4C, Naicker Street, Oblapuram, 14th Ward New Ayakudi, West Ayakudi Village, Palani Taluk, Dindigul District, to the Petitioner's house at Door No. 4A/7, Naicker Street, Obulapuram, 14th Ward, New Ayakudi, West Ayakudi Village, Palani Taluk, Dindigul District, by considering the petitioner's representation dated 21.05.2015.

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For Petitioner : Mr.S.Ramu For Respondents : Mr.N.GA.Nataraj Government Advocate for R1 & R2 : no appearance for R3

ORDER

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for R1 & R2. None appears for the third respondent.

2. The petitioner seeks shifting of the petition mentioned water connection. The third respondent had earlier filed O.S.No.88 of 2014 on the file of the District Munsif Court, Palani. It was one for declaration and permanent injunction. The third respondent wanted to restrain the authorities from shifting the petition mentioned water connection. The suit was decreed as prayed for on 12.12.2017. Aggrieved by the same, the petitioner has filed A.S.No.21 of 2020 on the file of the Sub Court, Palani. Since the competent civil Court is seized of the matter, the rights of the parties will abide by the outcome of the first appeal.

3. The Writ Petition is disposed of accordingly. No costs. 25.09.2023 Index : Yes / No Internet : Yes/ No rmi 2/4

To 1.The District Collector, Dindigul Collector, Dindigul.

2.The Executive Officer, Ayakudi Town Panchayat, Palani Taluk, Dindigul District.

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G.R.SWAMINATHAN, J.

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