Gurusamy, S/O.Sivanu v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.2520 of 2016 and W.M.P(MD)No.2223 of 2016 Gurusamy .. Petitioner Vs.
1. The District Collector, Tirunelveli District, Tirunelveli.
2. The Assistant Director of Panchayats, Tirunelveli District, Tirunelveli.
3. The Commissioner/Block Development Officer, Kadayanallur Panchayat Union, Kadayanallur, Tirunelveli District.
4. The President, Puthukudi Panchayat, Kadayanallur Taluk, Tirunelveli District.
5. R.Gobiraj, Puthukudi Panchayat President, Puthukudi, Kadayanallur Taluk, Tirunelveli District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 4 to make permanent arrangements to supply potable drinking water to the service connection number 19, for the door number 221/5, South Street in Kammapathceri Village in Puthukudi Panchayat in Kadayanallur Taluk in Tirunelveli District.
For Petitioner : Mr.F.X.Eugene For Respondents 1 and 2 : Mr.J.Gunaseelan Muthaiah, Government Advocate.
For Respondents 3 and 4 : Mr.M.Rajarajan
ORDER
This writ petition is filed seeking a writ of Mandamus to direct the respondents 1 to 4 to give potable drinking water connection to the petitioner's house bearing Door No.221/5, South Street, Kammapathceri Village, Puthukudi Panchayat, Kadayanallur Taluk, Tirunelveli District.
2.The case of the petitioner is that since potable drinking water connection is disconnected to his house due to enmity between him and the fifth respondent, the petitioner approached the authorities and the second respondent, by his letter, dated 19.08.2015, intimated him that the said connection would be given. Since, no action has been taken, he submitted a representation dated 24.08.2015 to the first respondent and the same is also pending. Therefore, the petitioner is before this Court. 3.Today, when the matter is taken up for hearing, the learned counsel appearing for the respondents 3 and 4 fairly submitted that the water connection had already been given to the petitioner's house. The learned counsel for the petitioner is unable to affirm the said submission.
4.Under such circumstances, if the petitioner's house is not provided with water connection, the third respondent shall consider the representation of the petitioner dated 24.08.2015 and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner within a period of six weeks from the date of receipt of a copy of this order.
5.The writ petition is disposed of as above. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To
1. The District Collector, Tirunelveli District, Tirunelveli.
2. The Assistant Director of Panchayats, Tirunelveli District, Tirunelveli.
3.The Commissioner/Block Development Officer, Kadayanallur Panchayat Union, Kadayanallur, Tirunelveli District.
+1cc to Mr.F.X.Eugene, Advocate in SR.No.69111 +1cc to The Special Government Pleader in SR.No.69299 smn AE/SKN RSK/SAR1/08.08.2017/3P/6C ORDER MADE IN W.P(MD)No.2520 of 2016 and W.M.P(MD)No.2223 of 2016 31.07.2017