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Madras High CourtWP(MD)/9830/2016disposed of

E.Antony v. The District Collector

2017-07-25Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.9830 of 2016 E.Antony .. Petitioner Vs.

1.The District Collector, Tuticorin District, Tuticorin.

2.The Block Development Officer (Village Panchayat), Tuticorin Panchayat Union, Pudukottai, Tuticorin District.

3.The President, Mudivaithanenthal 2nd Grade Panchayat, Tuticorin Panchayat Union, Tuticorin 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 third respondent to re-connect the drinking water tap connection to the petitioner's house situated at Door No.13-80B/6, West Street Mudivaithanenthal Village and Post, Tuticorin District as per the letter issued by the second respondent to the third respondent in Na.Ka.No.A5/180/2015, dated 18.09.2015 within a time frame fixed by this Court. For Petitioner : Ms.P.Latha For Respondents 1 and 2 : Mr.J.Gunaseelan Muthaiah, Government Advocate.

For Respondent No.3 : Mr.M.Rajarajan

ORDER

This writ petition is filed seeking a writ of Mandamus to direct the third respondent to restore the drinking water tap connection to the petitioner's house situated at Door No.13-80B/6, West Street Mudivaithanenthal Village and Post, Tuticorin District, on the basis of the letter issued by the second respondent to the third respondent in Na.Ka.No.A5/180/2015, dated 18.09.2015, within the time stipulated by this Court. https://hcservices.ecourts.gov.in/hcservices/

2.The case of the petitioner is that the third respondent disconnected the drinking water tap connection given to his house, due to personal motive. Therefore, he approached the Civil Court and after getting a decree from the Civil Court, he requested the third respondent to restore the said connection, for which, the third respondent told that after completing all legal formalities from the second respondent, he will restore the same. Since the said connection was not restored till now, the petitioner is before this Court.

3.Today, when the matter is taken up for hearing, a joint compromise memo is filed by the petitioner and third respondent, wherein it has been categorically stated that a common drinking water tap connection shall be installed in the West Street, Mudivaithanenthal Village and Post, Tuticorin District, where the petitioner resides and the petitioner also agreed for the same and ensured that he would not claim any right over the common water tap.

4.Recording the joint compromise memo filed by the petitioner as well as the third respondent, this writ petition is disposed of. The joint compromise memo shall form part of this order. No costs.

Sd/- Assistant Registrar(CS-II) / True Copy / Sub Assistant Registrar(C.S.) To Joint compromise memo xerox copies are enclosed 1.The District Collector,Tuticorin District, Tuticorin. 2.The Block Development Officer (Village Panchayat), Tuticorin Panchayat Union,Pudukottai, Tuticorin District. +1cc to Special Government Pleader, SR.No. 67936 smn MAS/SKN-RSK/SAR2:03.08.2017:2P-4C ORDER MADE IN W.P(MD)No.9830 of 2016 25.07.2017 https://hcservices.ecourts.gov.in/hcservices/