A.Arockiyasamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.17340 of 2019 A.Arockiyasamy ... Petitioner Vs.

1. The District Collector, Pudukkottai.

2. The Block Development Officer (Village Panchayat), Office of the Panchayat Union, Viralimalai Post and Taluk,

3. The Special Officer / Block developement Officer( Village panchayat), Kunnathur village Panchayat, Kunnathur Post, Viralimalai Taluk, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to restore the water supply connection to the petitioners house bearing Door.No.499 of Kalimangalam village, Viralaimalai taluk and Pudukkottai District.

1/6

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.A.Kannan Additional Government Pleader

ORDER

This writ petition has been filed for a mandamus to direct the respondents to restore the water supply connection to the petitioners house bearing Door.No.499 of Kalimangalam village, Viralaimalai taluk and

2. The facts as set out in the affidavit filed in support of the writ petition reads as follows:- The petitioner would submit that the property bearing Door No.499 is his ancestral property and Patta to the said property was also mutated in the name of the petitioner's father namely Mr.M.Arockiyasamy. He would submit that he has been paying property tax and water tax to the 3rd respondent Panchayat regularly. At this juncture, on 02.07.2019, the office bearers of the 3rd respondent without any prior notice entered into the 2/6

petitioner's property and disconnected the water supply connection to the petitioner's property. In this connection, the petitioner had sent a representation dated 03.07.2019 to the respondents 1 and 2, seeking to restore the water supply connection. However, the same has not been considered. Aggrieved by the same the petitioner has come before this Court.

3. In the counter affidavit filed by the 2nd respondent it is stated that there are about 233 houses in the petitioner's village, out of which the village Panchayat has provided water supply connection only to 65 houses. In this connection, there was an acute shortage of ground water in the village and upon verification, it was found that more than 42 unauthorized connections has been illegally put up by the villagers, due to which, the water did not reach the neighboring villagers. The said issue was also taken up for discussion in the Gramma Sabha Meeting.

4. It is further stated that pursuant to the meeting, the District Collector had passed a Government Order in G.O.Ms.No.260 Rural Development Department dated 09.12.1968. Pursuant to the said 3/6

Government Order, the authorities of the Panchayat orally informed the villagers to stop extracting the water using illegal 1⁄2 HP motors and remove the unauthorized tap connections. Since the same was not complied with by the villagers, the authorities disconnected all the 107 water supply connections and installed 92 new water taps in all parts of the village.

5. Heard the learned counsel on either side.

6. Considering the facts and circumstances of the case, the petitioner is directed to submit a fresh representation to the 3rd respondent for water supply connection within a period of one week from the date of receipt of a copy of this order. On such representation being filed by the petitioner, the 3rd respondent shall consider the same and pass appropriate orders on merits and in accordance with law, within a period of three weeks therefrom.

4/6

7. The writ petition stands disposed of with the above directions. No costs.

04.11.2025 (2/2) NCC :yes/No Index :yes/No Internet:yes/No rgm To

1. The District Collector, Pudukkottai.

2. The Block Development Officer (Village Panchayat), Office of the Panchayat Union, Viralimalai Post and Taluk,

3. The Special Officer / Block developement Officer( Village panchayat), Kunnathur village Panchayat, Kunnathur Post, Viralimalai Taluk, 5/6

P.T.ASHA, J.

rgm W.P.(MD).No.17340 of 2019 04.11.2025 (2/2) 6/6