Madras High CourtWP(MD)/14694/2017disposed of

Veerapandian, v. The District Collector

2017-08-09Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)Nos.14694 to 14696 of 2017 and W.M.P(MD) Nos.11524 to 11526 of 2017 Veerapandian ... Petitioner W.P(MD)No.14694 of 2017 Rathinasamy ... Petitioner W.P(MD)No.14695 of 2017 Rajendiran ... Petitioner W.P(MD)No.14696 of 2017 Vs.

1.The District Collector Pudukkottai District, Pudukkottai.

2.The Block Develpment Officer / Special Officer Panchayat Union, Manamelkudi (Karakottai Village Panchayat), Pudukkottai District.

3.The Assistant Executive Engineer Tamil Nadu Water Supply and Drainage Board, Aranthangi, Pudukkottai District.

4.The Deputy Superintendent of Police, Kottaipattinam, Pudukkottai District.

5.The Tahsildar, Manamelkudi Taluk, Pudukkottai District.

... Respondents in all writ petitions COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents from disconnect the petitioners water service connection given in their house situated at Door Nos.811, 809 Pettivayal Village and Door No.879 at Singavanam Village, Karakottai Village Panchayat, Manamelkudi Taluk, Pudukkottai District respectively.

For Petitioner : Mr.L.Lenin Kumar For Respondents : Mr.J.Gunaseelan Muthiah, Government Advocate - R.1, 3, 4 & R.5 : Mr.M.Rajarajan - R.2 ******

O R D E R

These writ petitions have been filed, seeking a Writ of Mandamus forbearing the respondents from disconnect the petitioners water service connection given in their house situated at Door Nos.811, 809 Pettivayal Village and Door No.879 at Singavanam Village, Karakottai Village Panchayat, Manamelkudi Taluk, Pudukkottai District respectively.

2. By consent, the writ petitions themselves are taken up for final disposal.

3. The case of the petitioners is that the people of Karakottai Village Panchayat made a representation to the first respondent seeking drinking water connection. Considering the request of the petitioners on payment of a sum of Rs.2,000/- (Rupees Two Thousand only), water service connection was provided to the petitioners. In the meanwhile, the second respondent visited their house and threatened them that the water connection is going to be disconnected and then, the third respondent had inspected the spot and reported that there is no necessity to disconnect the same. In spite of the same, the second respondent fixed a time limit that on or before 05.08.2017, the water service connection should be disconnected by the respective holders themselves, otherwise, they will disconnect the same. Thereafter, they made a representation dated 03.08.2017 to the first respondent, seeking to restrain the second respondent from illegally disconnecting their water service connections. Since no action has been taken, the petitioners have come forward with the present writ petitions.

4. Heard both sides and perused the materials available on record.

5. The learned Government Advocate appearing for the respondents 1, 3 to 5, on instructions, submits that the charges for the so-called water connections have been paid to the unauthorised persons through whom, illegal water connections have been obtained and if necessary connection charges are paid by the petitioners, the water connection will be provided and if the same is not used for domestic purpose, it will be disconnected by the respondents.

6. In view of the above submission and also considering the limited scope of the relief sought for, this Court, without going into the merits of the claim of the petitioners, directs the petitioners to pay the requisite water connection charges so as to continue the usage of the water connections. It is made so clear that the supply of water is only for residential and drinking purpose and the same shall be used only for such purposes and if there is any violation of the said condition, it is always open to the respondents concerned to take appropriate action as per law to disconnect the water service connections forthwith.

7. Accordingly, these writ petitions are disposed of as above. No costs.

Consequently, connected miscellaneous petitions are closed.

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