Mohamed Rahim. U v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD)No.24994 of 2022 U.Mohamed Rahim ... Petitioner vs.

The Commissioner, Tirunelveli Corporation, Tirunelveli District.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to provide drainage and water supply connection to the petitioner's premises in No.9A, Mahilvannapuram, Tirunelveli Town, Tirunelveli District in T.S.No.1147 through the public pathway in Town Survey No.1137 and the Government land in T.S.No.1140 in view of the Advocate Commissioner Report in I.A.No.459 of 2001 in O.S.No.459/2000 on the file of the Principal District Munsif Court, by considering the petitioner's representation dated 04.04.2022.

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For Petitioner : Mr.S.Atham Ali For Respondent : Mr.A.Sivanpandian

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondent to provide drainage and water supply connection to the petitioner's premises in No.9A, Mahilvannapuram, Tirunelveli Town, Tirunelveli District in T.S.No.1147 through the public pathway in Town Survey No.1137 and the Government land in T.S.No.1140, in view of the Advocate Commissioner Report in I.A.No.459 of 2001 in O.S.No.459/2000 on the file of the Principal District Munsif Court, by considering the petitioner's representation dated 04.04.2022.

2. The case of the petitioner is that he has made a detailed representation to the respondent on 04.04.2022, requesting him to provide drinking water connection and underground drainage connection to his house property in No.91, Mahilvannapuram, Tirunelveli Town, Tirunelveli District. Even though the respondent has received the same, 2/4

he has not taken any steps to consider the petitioner's request. Hence, the petitioner has filed the present writ petition.

3. The learned counsel appearing for the petitioner would submit that it would suffice if a direction is issued to the respondent to consider the representation of the petitioner, dated 04.04.2022.

4. In the light of the submission made by the learned counsel for the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the respondent to consider the representation of the petitioner, dated 04.04.2022 and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

10.11.2022 akv 3/4

V.BHAVANI SUBBAROYAN,J.

akv To The Commissioner, Tirunelveli Corporation, Tirunelveli District.

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