N.Ashok v. The Commissioner
W.P.(MD)No.12656 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.10.2020
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12656 of 2020 N.Ashok ... Petitioner Vs.
1. The Commissioner, Tiruchirappalli Municipal Corporation, Tiruchirappalli.
2. The Assistant Commissioner, Ko.Abishekapuram Region, Tiruchirappalli.
3. The Assistant Engineer, Ko.Abishekapuram Region, Tiruchirappalli.
... Respondents Prayer:
Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 to 3 to provide drinking water connection to the petitioner's house bearing D.No.24-C/3 situated at Thiru.Vi.Ka.Nagar, Puthur, Trichy - 620 017 within the time frame as fixed by this Court.
For Petitioner : Mr.T.Senthil Kumar For Respondents : Mr.Shaji Bino
O R D E R
Heard the learned counsel appearing for the petitioner and the learned Standing counsel appearing for the respondents Corporation.
2. The petitioner seeks provision of drinking water connection to the petition mentioned house. The petitioner had already made a request in this regard. The stand of the Corporation is that on account of the pendency of O.S.No.302 of 2020, the petitioner's request could not be processed.
3. I posed a question to the learned Standing counsel as to whether any interim injunction is operating against the grant of providing drinking water connection. The learned Standing counsel seeks time to get instructions.
4. I am of the view that the case need not be adjourned on this ground. If any interim injunction is operating against the https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.12656 of 2020 Corporation from providing drinking water connection to the petitioner, then the Corporation cannot be blamed. If no interim injunction is operating, mere pendency of the suit cannot be a ground for denying the petitioner's request which in my view is most reasonable and legitimate. If no interim injunction is operating against the Corporation as indicated above, the respondents shall provide drinking water connection to the petition mentioned house as early as possible subject to the fulfillment of other formalities.
5. The writ petition stands allowed on these terms. No costs.
Sd/- Assistant Registrar (RECORDS) // True Copy // / /2020 Sub Assistant Registrar(CS) pmu 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 Commissioner, Tiruchirappalli Municipal Corporation, Tiruchirappalli.
2. The Assistant Commissioner, Ko.Abishekapuram Region, Tiruchirappalli.
3. The Assistant Engineer, Ko.Abishekapuram Region, Tiruchirappalli.
W.P.(MD)No.12656 of 2020 01.10.2020 SS(CO) KM (14.10.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2