Mallika.P v. The Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH P.Mallika ... Petitioner -vs1.The Executive Officer, Paramakudi Town Panchayat, Paramakudi, Ramanathapuram District.

2.S.Gurusamy ... Respondents [R2 is impleaded vide order dated 09.11.2023, made in W.M.P.(MD)No.18965 of 2023] PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to erect drinking water pipe line to the petitioner's house, by considering her representation dated 14.09.2021.

For Petitioner :

Mr.Sivakumar For R1 :

Mr.K.S.Selvaganesan Additional Government Pleader For R2 :

Mr.S.Rajasekar 1/6

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the first respondent to provide drinking water pipe line to the petitioner's house, by considering her representation dated 14.09.2021.

2. When the matter came up for hearing on 19.11.2021, this Court passed the following order:- ''This Writ Petition has been filed in the nature of Mandamus seeking a direction against the respondent / the Executive Officer, Paramakudi Town Panchayat, Ramanathapuram District to erect drinking water pipeline to the house of the petitioner herein. The petitioner has given a representation dated 14.09.2021.

2. Mr.D.Ghandiraj, learned Special Government Pleader, takes notice for the respondent. He pointed out that Paramakudi is not a Town Panchayat but it is a Municipality.

3. Let learned counsel for the petitioner therefore file an application to correct the name from Paramakudi Town Panchayat to Paramakudi Municipality in the cause title.

4. It is also seen that the petitioner has an existing civil suit against his neighbour Gurusamy and it is informed that the said suit is only with respect to a compound wall, but still, it will only be appropriate to prevent the dispute from escalating from the compound wall to providing drinking water pipeline, and since any 2/6

order can be passed only in the presence of the said Gurusamy, an application is filed to implead the said Gurusamy. A copy of the pleadings with respect to that particular civil suit may also be filed.

5. Call the matter once again on 10.12.2021 on which date these applications may be listed before this Court.''

3. When the matter was taken up for hearing today, the learned Additional Government Pleader appearing on behalf of the first respondent produced the proceedings of the Commissioner of Paramakudi Municipality, dated 06.02.2017 and the relevant portions are extracted hereunder:- 3/6

4. It is clear from the above that there was already an enquiry conducted by the first respondent in this regard and the petitioner and the newly impleaded second respondent were informed that the drinking water pipeline connection cannot be given. It is also brought to the notice of this 4/6

Court that S.A.(MD)No.895 of 2014 was subsequently dismissed by this Court and hence, the civil suit went in favour of the newly impleaded second respondent.

5. In view of the above development, there shall be a direction to the first respondent to take note of the final decision arrived at in the second appeal and consider the request made by the petitioner and the newly impleaded second respondent, seeking for drinking water pipeline connection. This process shall be completed by the first respondent within a period of six weeks from the date of receipt of a copy of this order.

6. This Writ Petition is disposed of in the above terms. No costs. NCC : Yes/No 09.11.2023 Index : Yes/No (2/2) SMN2 To The Executive Officer, Paramakudi Town Panchayat, Paramakudi, Ramanathapuram District.

5/6

N.ANAND VENKATESH, J.

SMN2 09.11.2023 (2/2) 6/6