V.Sekar, S/O.Vellaichamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2016
CORAM:
THE HONOURABLE Mr.JUSTICE M.VENUGOPAL W.P.(MD)No.10557 of 2016 V.Sekar ...
Petitioner Vs.
1.The District Collector, Collectorate, Sivagangai District.
2.The Block Development Officer, Manamadurai Union, Sivagangai District.
3.The Panchayat President, Rajakambiram Panchayat, Manamadurai Union, Sivagangai District.
...
Respondents Prayer: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to provide water connection to the petitioner's house by way of considering petitioner's representation dated 25.04.2016. For Petitioner : No appearance For Respondents : Mr.N.S.Karthikeyan, AGP
ORDER
For respondents, Mr.N.S.Karthikeyan, learned Additional Government Pleader takes notice.
2.According to the petitioner, he has a house at Survey No.140/1A at Rajakambiram, Sivagangai District, which was constructed during the year 1940 and the house has an electricity connection and he has two school going children and elder son is studying in 10th standard and second son is studying in 9th standard.
3.The grievance of the petitioner is that he made a representation to the 1st respondent / District Collector, Sivagangai District, to provide water connection and the same was
forwarded to the 2nd respondent / Block Development Officer, Manamadurai Union, Sivagangai District, which in turn was forwarded to the 3rd respondent / Panchayat President, Rajakambiram Panchayat, Manamadurai Union, Sivagangai District. However, no action was taken in this regard.
4.It is the stand of the petitioner that without water connection, his family is suffering a great hardship and mental agony and in fact, he made a representation on 25.04.2016 to the 1st respondent / District Collector, Sivagangai District, on the subject matter in issue, which was forwarded to the 2nd respondent / Block Development Officer, Manamadurai Union, Sivagangai District, and thereafter, on 02.05.2016, he sent a representation to the 2nd respondent for providing water connection. However, till date no action has been taken. Therefore, he has filed the present Writ petition. 5.Per contra, it is submitted by the learned Additional Government Pleader for the respondents that the petitioner's representation dated 20.04.
2016 was considered by the 2nd respondent / Block Development Officer, Manamadurai Union, Sivagangai District, who directed the petitioner to approach the 3rd respondent / Panchayat President, Rajakambiram Panchayat, Manamadurai Union, Sivagangai District, along with necessary / proper documents. In stead of approaching the 3rd respondent / Panchayat President, Rajakambiram Panchayat, Manamadurai Union, Sivagangai District, the petitioner has directly approached this Court and filed the present Writ petition.
6.Adding further, it is the contention of the learned Additional Government Pleader for the respondents that if the petitioner submits a petition / representation / application in a proper manner, addressed to the 3rd respondent / Panchayat President, Rajakambiram Panchayat, Manamadurai Union, Sivagangai District, seeking for water connection to his house, then the same will be considered by the 3rd respondent, within a time frame determined by this Court.
7.On a careful consideration of the submission advanced on behalf of the respondents, this Court taking note of the fact that providing water connection is a basic necessity and without which a Homo Sapien would suffer a lot, at this stage, this Court simpliciter directs the petitioner to submit a fresh representation to the 3rd respondent / Panchayat President, Rajakambiram Panchayat, Manamadurai Union, Sivagangai District, praying for water connection to his house together with all necessary documents, within a period of 4 days from the date of receipt of a copy of this order. Thereafter, the 3rd respondent / Panchayat President, Rajakambiram Panchayat, Manamadurai Union, Sivagangai District, is to pass a reasoned speaking order on merits and do the needful in the subject in issue in favour of the
petitioner as expeditiously as possible. The petitioner is directed to lend his assistance and cooperation to the 3rd respondent / Panchayat President, Rajakambiram Panchayat, Manamadurai Union, Sivagangai District, so as to enable him to dispose of his representation dated 25.04.2016 in the manner known to law and in accordance with law.
8.With the above observation and direction, this Writ petition is disposed of. No costs.
Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar nbj To, 1.The District Collector, Collectorate, Sivagangai District.
2.The Block Development Officer, Manamadurai Union, Sivagangai District.
+1CC to Mr.R.Venkatesan, Advocate Sr.No.34552 +1CC to Spl.Government Pleader Sr.No.34439 GJM/AAL/MPA/13.7.16-3p-5c W.P.(MD)No.10557 of 2016 30.06.2016