K.Chandrababu v. The Assistant Director Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)Nos.1 & 2 of 2015 K.Chandrababu ... Petitioner Vs.

1.The Assistant Director of Village Panchayats, Virudhunagar District.

2.The Village President, S.Ramalingapuram Village Panchayat, Rajapalayam Panchayat Union, Virudhunagar District.

3.B.B.John The Assistant Director of Village Panchayats, Virudhunagar District.

4.M.Madasamy The Village President, S.Ramalingapuram Village Panchayat, Rajapalayam Panchayat Union, Virudhunagar District.

5.The President, Melarajakularaman Village Panchayat, Rajapalayam Panchayat Union, Virudhunagar District.

(R5 is suo motu impleaded vide order dated 26.07.2023) ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the 1st respondent in Na.Ka.Vu.E8/2154/2014 dated 02.01.2015 served on the petitioners counsel on 17.8.2015, quash the same and consequently direct the respondents herein to give water connection to the petitioner's house and effect regular water supply without interruption and discrimination.

For Petitioner : Mr.K.Appadurai For Respondents : Mr.S.Shanmugavel Additional Government Pleader for R1 : Mr.R.Anandharaj for R2 : Mr.K.Maheshraja for R3 : no appearance for R4

ORDER

Heard both sides.

2. The issue raised in the writ petition had already been resolved in W.P.(MD)No.7054 of 2014 dated 19.07.2023. Paragraph Nos.2,3,4 & 5 of the said order read as follows:- "2.The petitioner is owning the house comprised in S.No. 1109/2A.

3.The question is within which panchayat limits the said land is 2/4

falling. The petitioner felt that he is residing in S.Ramalingapuram village panchayat. The Panchayat President declined to assess the property to house tax. That necessitated filing this writ petition. I suo motu impleaded the President, Melarajakularaman Village Panchayat as the fifth respondent and called upon the learned Additional Government Pleader to get definite instruction in this regard. 4.When the matter was taken up for hearing, on instructions the learned Additional Government Pleader submitted that S.No.1109/2A is falling with the territorial jurisdiction of Melarajakularaman Village Panchayat.

5.I direct the impleaded fifth respondent / the President, Melarajakularaman Village Panchayat to assess the petitioner's property and receive property tax from him and issue receipts. This shall be done immediately."

3. All that the petitioner wants is grant of water connection for his house. The President, Melarajakularaman Village Panchayat / fifth respondent is directed to grant water connection to the petitioner herein subject to fulfilment of all the usual formalities. The water connection shall be given to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order. 3/4

G.R.SWAMINATHAN, J.

rmi

4. The Writ Petition is allowed on these terms. No costs. Consequently, connected miscellaneous petitions are closed. 26.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To The Assistant Director of Village Panchayats, Virudhunagar District.

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