← Library
Madras High CourtWP(MD)/17289/2025disposed of

T.Parimalam v. Special Officer

2025-06-26Honourable Mr Justice C. Saravanan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD)No.13179 of 2025 T.Parimalam ... Petitioner Vs.

1.The Special Officer, Nullivilai Village Panchayath, Nullivilai, Kandanvilai Post, Kalkulam Taluk, Kanyakumari District - 629 810.

2.The Block Development Officer (Village Panchayath), Thuckalay Panchayath Union, Kozhiporvilai, Mulagumoodu Post, Kalkulam Taluk, Kanyakumari District 627 167 3.The Assistant Director, (Village Panchayath), 1st Floor, Collectorate Building, Nagercoil - 1, Agastheeswaram Taluk, Kanyakumari District.

4.The District Collector, Kanyakumari District at Nagercoil, Agastheeswaram Taluk, Kanyakumari District.

1/6

5. Subramania Pillai

6. Santhai @ Santha Kumari

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the record relating to the impugned order in Na.Ka.No. A5/09/2024 passed by the second respondent dated 16.05.2025 and quash the same as illegal and further issue direction to the respondents 1 to 4 to repair and give water re-service to the connection No.286 of the house No.3/26A of Nullivilai Village Panchayath situated in Resurvey No. 765/6A of Nullivilai B Revenue Village in Kalkulam Taluk of Kanyakumari District on the cost of the respondents by considering petitioner's representation dated 30.08.2023 within a period that may be stipulated by this Court.

For Petitioner : M/s.J.Aswini For R1 & R2 : Mr.B.Saravanan Additional Government Pleader For R3 & R4 : Mr.D.Ghandiraj Special Government Pleader

ORDER

This writ petition has been filed challenging the order, dated 16.05.2025 passed by the second respondent and consequently directing the respondents 1 to 4 to repair and give water re-service to the connection No.286 of the house No.3/26A of Nullivilai Village Panchayath situated in Resurvey No. 765/6A of 2/6

Nullivilai B Revenue Village in Kalkulam Taluk of Kanyakumari District on the cost of the respondents by considering petitioner's representation dated 30.08.2023.

2. The writ petition is disposed of at the time of admission after dispensing with notice on the respondents 5 and 6, who appears to be the petitioner's neighbor.

3. The petitioner is the wife of one Mr.Thanudhas, who had applied for a water connection in the property which was given to the petitioner's mother in law under a partition decree passed in O.S.No.835 of 1990. It appears that the petitioner had also constructed a building on the said property and obtained a water connection. However, the respondents 5 and 6 had disturbed the water supply by breaking the said water connection. Therefore, the petitioner had applied for a fresh water connection, which is a subject matter of O.S.No.92 of 2023 at the behest of the respondents 5 and 6 against the petitioner's mother-inlaw.

4. The learned counsel for the petitioner submits that the suit in O.S.No.92 of 2023 has been dismissed for default and the application filed for interim relief was also dismissed on 09.06.2025.

3/6

5. The learned counsel for the official respondents submits that in case the petitioner produces a certified copy of the order dated 09.06.2025 dismissing the suit, an appropriate decision will be taken on the petitioner's representation for re-connection of water supply to the petitioner's property.

6. Recording the same, the writ petition is disposed of by directing the second respondent to take steps to give water connection to the petitioner's property after the petitioner produces a certified copy of the order, dated 09.06.2025. However, before giving water connection, notice shall also be issued to the private respondents 5 and 6. The said exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed. 26.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn 4/6

To 1.The Special Officer, Nullivilai Village Panchayath, Nullivilai, Kandanvilai Post, Kalkulam Taluk, Kanyakumari District - 629 810.

2.The Block Development Officer (Village Panchayath), Thuckalay Panchayath Union, Kozhiporvilai, Mulagumoodu Post, Kalkulam Taluk, Kanyakumari District 627 167 3.The Assistant Director, (Village Panchayath), 1st Floor, Collectorate Building, Nagercoil - 1, Agastheeswaram Taluk, Kanyakumari District.

4.The District Collector, Kanyakumari District at Nagercoil, Agastheeswaram Taluk, Kanyakumari District.

5/6

C.SARAVANAN, J.

sn 26.06.2025 6/6