Madras High CourtWP(MD)/22594/2021allowed

Thirumalaikumar .K v. The District Collector

2022-08-04Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.22594 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.22594 of 2021 K.Thirumalaikumar ... Petitioner Vs.

1. The District Collector, District Collectorate Campus, Madurai Road, Tenkasi.

2. The Block Development Officer, Block Development Office, Keelapavoor Panchayat Union Office, Tenkasi District.

3. The Secretary, Panchayat Union Office, Thippanampatti Panchayat, Thippanampatti, Tenkasi Taluk & District.

4. Kalimuthu ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 to 3 herein to give water service connection to the petitioner's house situated at Survey No.297/1A5, Poovarasan Kovil Street, Thippanampatti Village, Tenkasi Taluk and District, based on his representation dated 17.08.2021.

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2 W.P.(MD)NO.22594 OF 2021 For Petitioner : Mr.D.Srinivasaragavan For R-1 & R-3 : Mr.K.Balasubramani, Special Government Pleader.

For R-2 : Mr.V.Nirmal Kumar For R-4 : Mr.T.Lajapathi Roy * * *

O R D E R

Heard the learned counsel on either side.

2. The petitioner seeks grant of water service connection to the petition mentioned house. According to the fourth respondent, the petition mentioned house has been constructed on his land. In this regard, he filed O.S.No.128 of 2020 on the file of the Principal District Munsif, Tenkasi. It is stated that O.S.No.194 of 2016 on the file of the Principal District Munsif, Tenkasi.

Obtaining water service connection is a fundamental civic amenity. Therefore, the official respondents 2/4

3 W.P.(MD)NO.22594 OF 2021 are directed to provide the same to the petitioner. This would be without prejudice to the right of the fourth respondent in the pending suit. Rights of the parties shall abide by the outcome of the aforesaid suits.

4. This writ petition stands allowed on these terms. No costs.

04.08.2022 Index : Yes / No Internet : Yes/ No PMU To:

1. The District Collector, District Collectorate Campus, Madurai Road, Tenkasi.

2. The Block Development Officer, Block Development Office, Keelapavoor Panchayat Union Office, Tenkasi District.

3. The Secretary, Panchayat Union Office, Thippanampatti Panchayat, Thippanampatti, Tenkasi Taluk & District.

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4 W.P.(MD)NO.22594 OF 2021 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.22594 of 2021 04.08.2022 4/4