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Madras High CourtWA(MD)/1356/2016dismissed

Ramu v. The District Collector

2017-11-07Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.A(MD)No.1356 of 2016 Ramu ... Appellant/Petitioner Vs.

1. The District Collector, Sivagangai District, Sivagangai.

2. The Revenue Divisional Officer, Sivagangai, Sivagangai District.

3. The Assistant Director (Panchayat), Sivagangai, Sivagangai District.

4. The Block Development Officer, Thiruppuvanam Panchayat Union, Sivagangai District.

... Respondents/Respondents PRAYER: Appeal is filed under Section 15 of the Letters Patent, to set aside the order dated 23.08.2016 in W.P.(MD)No.14078 of 2016 before this Court.

Prayer in WP(MD)No.14078/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the Respondents 3& 4 to erect a new public water tap nearby the petitioner house or provide an water connection from public water line to the petitioner house.

For Appellant : Mr.R.Murugappan For Respondents : Mr.A.Muthu Karuppan Additional Government Pleader

JUDGMENT

(Judgment of the Court was made by K.KALYANASUNDARAM,J.) This writ appeal is directed against the order of the learned single Judge passed in W.P.(MD)No.14078 of 2016, dated 23.08.2016.

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2. Heard Mr.R.Murugappan, learned counsel for the

appellant, Mr.A.Muthu Karuppan, learned Additional Government Pleader for the respondents and perused the records.

3. The appellant sought for a Writ of Mandamus directing the respondents to erect a new public water tap near his house on the ground that his family was excommunicated and prevented from taking water from the public water tap.

4. The learned single Judge, accepting the report submitted by the Block Development Officer, Tiruppuvanam and having found that the particulars provided by the appellant were insufficient, rejected the writ petition.

5. The learned Additional Government Pleader appearing for the respondents placed before us, the report of the fourth respondent, dated 04.11.2017 and also photographs.

6. A perusal of the materials reveal that the appellant could very well get water from the public water tap installed near his house and the demand for installation of a new public tap was not substantiated.

7. In the light of the above facts, we find no ground to set aside the order of the learned single Judge. Hence, this writ appeal is liable to be dismissed and it is accordingly dismissed. No costs.

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

1. The District Collector, Sivagangai District, Sivagangai.

2. The Revenue Divisional Officer, Sivagangai, Sivagangai District.

3. The Assistant Director (Panchayat), Sivagangai, Sivagangai District.

4. The Block Development Officer, Thiruppuvanam Panchayat Union, Sivagangai District.

+ 1 CC TO Mr.R.MURUGAPPAN, ADVOCATE IN SR No. 85856 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 85994 SM TE/KP/SAR-4 : 24/11/2017 : 2P/7C W.A(MD) No.1356 of 2016 07.11.2017 https://hcservices.ecourts.gov.in/hcservices/