Kalimuthu, S/O.Pitchai, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.15390 of 2017 and W.M.P(MD) No.12194 of 2017 Kalimuthu ... Petitioner -vs1. The District Collector Pudukkottai District Pudukkottai.
2. The Block Develpment Officer / Special Officer Panchayat Union, Manamelkudi (Karakottai Village Panchayat), Pudukkottai District.
3. The Deputy Superintendent of Police, Kottaipattinam, Pudukkottai District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents from disconnecting the petitioner's water service connection given in his house situated at 924, Singavanam Village, Karakottai Village Panchayat, Manamelkudi Taluk, Pudukkottai District.
For Petitioner :
Mr.T.Lenin Kumar For R1 & R3 :
Mr.J.Gunaseelan Muthiah Govt. Advocate For R2 :
Mr.M.Rajarajan ******
O R D E R
This writ petition has been filed, seeking to forbear the respondents from disconnecting the petitioner's water service connection given in his house situated at 924, Singavanam Village, Karakottai Village Panchayat, Manamelkudi Taluk, Pudukkottai District.
2. Heard the learned counsel on either side.
3. The case of the petitioner is that pursuant to the
request made by the residents (including the petitioner herein) of Karakottai Village Panchayat to the 1st respondent seeking drinking water connection, the water service connection was provided to the petitioner on payment of a sum of Rs.2,000/- (Rupees Two Thousand only). In the meanwhile, the 2nd respondent visited his house and threatened him that the water connection is going to be disconnected and then, the 3rd respondent had inspected the spot and reported that there is no necessity to disconnect the same. In spite of the same, the 2nd respondent has fixed a time limit that on or before 16.08.2017, the water service connection should be disconnected by the petitioner himself, otherwise, suitable action would be taken for disconnecting the same by the 2nd respondent. Thereafter, the petitioner made a representation dated 12.08.2017 to the 1st respondent, seeking to restrain the 2nd respondent from illegally disconnecting his water service connection. Since no action has been taken, the petitioner has come forward with the present writ petition.
4. The learned Government Advocate appearing for R1 & R3 and the learned Standing Counsel for R2, on instructions, would submit that if necessary connection charges are paid by the petitioner, the water connection will be provided and if the same will not be used for domestic purpose, it will be disconnected by the respondents. In reply to the above, the learned counsel for the petitioner would submit that the petitioner undertakes to pay the entire arrears, if any.
5. Recording the undertaking given by the petitioner and taking into consideration the submissions made by the respondents, this Court directs the petitioner to pay the requisite water connection charges so as to continue the usage of the water connection. It is made so clear that the supply of water is only for both residential and drinking purposes and if there is any violation of the said condition, it is always open to the respondents to take appropriate action as per law to disconnect the water service connection.
6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar.
To:
1. The District Collector Pudukkottai District Pudukkottai.
2. The Block Develpment Officer / Special Officer Panchayat Union, Manamelkudi (Karakottai Village Panchayat), Pudukkottai District.
3. The Deputy Superintendent of Police, Kottaipattinam, Pudukkottai District.
+1CC to Mr.T.Lenin Kumar, Advocate, SR.No.79641 +1CC to the Special Government Pleader SR.No. 79868 W.P(MD)No.15390 of 2017 19.09.2017 ar KK/SKN RSK/SAR 3/21.09.2017/3P/6C