B.Balakrishna Prabhu, v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2018
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.16611 of 2017 and W.M.P.(MD).No.13228 of 2017 B.Balakrishna Prabhu
...Petitioner
Vs.
1. The State of Tamil Nadu, Rep by the Secretary, Department of Rural Development and Panchayat Raj Fort St.George, Secretariat, Chennai-9.
2. The District Collector, Collectorate, Tirunelveli District.
3. The Block Development Officer, Keelapavur Panchayat Union Office, Tenkasi Taluk, Tirunelveli District.
4. The Zonal Deputy Block Development Officer-3, Keelapavur Panchayat Union Office, Tenkasi Taluk, Tirunelveli District.
5. The Keelapavur Panchayat Union, Represented by its Special Officer, Keelapavur Panchayat Union Office, Tenkasi Taluk, Tirunelveli District.
...Respondents
(R5 is impleaded vide Order dated 15.09.2017 in W.M.P.(MD).No.13837 of 2017) PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the
respondent Nos.3 and 4 to provide the drinking water connection to the residents of the petitioner's village namely, Senneltha Pudhukulam, Thippanampatti Post, Tenkasi Taluk, Tirunelveli District mentioned in para 8 of the affidavit within the time stipulated by this Court.
For Petitioner : Mr.T.Lajapathiroy For R3 : Mr.J.Gunaseelan Muthiah For R1,R2 and R4 : Mr.AK.Baskarapandian Special Government Pleader For R5 : No appearance
ORDER
[Order of the Court was made by M.M.SUNDRESH,J.] The writ petition has been filed for issuance of a Writ of Mandamus directing the respondent Nos.3 and 4 to provide drinking water connection to the residents of the petitioner's village namely, Senneltha Pudhukulam, Thippanampatti Post, Tenkasi Taluk, Tirunelveli District, within the time stipulated by this Court. 2.Heard Mr.T.Lajapathiroy, learned counsel appearing for the petitioner, Mr.J.Gunaseelan Muthiah, learned counsel appearing for the third respondent and Mr.A.K.Baskarapandian, learned Special Government Pleader appearing for the respondent Nos.1, 2 & 4. 3.The learned counsel appearing for the petitioner submitted that the petitioner has made a representation dated 24.08.2017 to the third respondent seeking to restore the drinking water connection.
Since the said representation has not been considered so far, the petitioner has filed the present writ petition. 4.The learned Special Government Pleader appearing for the respondent Nos.1,2 & 4, on instructions, would submit that since the water connection being given to the petitioner is an unauthorized one, the said disconnection was made. Notwithstanding the same, water is being provided to the respective houses once in a week.
5.However, the learned counsel appearing for the petitioner would submit that the petitioner's representation dated 24.08.2017 may be directed to be considered and direction be issued. 6.Considering the same, without going to the merits of the case, the third respondent is directed to consider the petitioner's representation dated 24.08.2017 and pass orders on merit and in accordance with law, within a period of six weeks
from the date of receipt of a copy of this order. However, the petitioner is at liberty to make a fresh representation within a period of two weeks thereafter. Consequently, the connected M.P is closed.
Sd/- Assistant Registrar (T&P) // True Copy // Sub Assistant Registrar(CS-I) To 1.The Secretary, The State of Tamil Nadu, Department of Rural Development and Panchayat Raj Fort St.George, Secretariat, Chennai-9.
2.The District Collector, Collectorate, Tirunelveli District.
3.The Block Development Officer, Keelapavur Panchayat Union Office, Tenkasi Taluk, Tirunelveli District.
4.The Zonal Deputy Block Development Officer-3, Keelapavur Panchayat Union Office, Tenkasi Taluk, Tirunelveli District.
+ 1 CC TO MR.T.LAJAPATHIROY, ADVOCATE IN SR NO.78646 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO.78514 NS BU/SKN/SAR-I : 27.09.2018 : 3P/7C W.P.(MD)No.16611 of 2017 13.08.2018