Palanichamy. K v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.25282 of 2022 and W.M.P.(MD)No.19371 of 2022 K.Palanichamy ... Petitioner -Vs1.The Commissioner, Commissionerate of Town Panchayats, Urban Administrative Office Campus, R.A.Puram, Chennai - 28.
2.The Assistant Director of Town Panchayats, Collectorate Office, Dindigul.
3.The Executive Officer, Neikarapatti Town Panchayat, Palani Taluk, Dindigul District.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to maintain a seniority in
providing new drinking water connections at Neikarapatti Town Panchayat as per the seniority list issued under the RTI Act in Na.Ka.No. 151/2011 dated 09.03.2011 by him, by considering the representation dated 21.01.2022 within a time frame fixed by this Honble Court.
For Petitioner : Mr.D.Venkatesh For R1 & R2 : Mr.P.Thilak Kumar, Government Pleader.
For R3 : Mr.G.V.Vairam Santhosh, Addl. Government Pleader.
ORDER
[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed, seeking a Writ of Mandamus, directing the 3rd respondent to maintain a seniority in providing new drinking water connections at Neikarapatti Town Panchayat, as per the seniority list issued under the RTI Act in Na.Ka.No. 151/2011 dated 09.03.2011 by the third respondent, by considering the petitioner's representation dated 21.01.2022, within a time frame.
2. Heard Mr.D.Venkatesh, learned counsel appearing for the petitioner, Mr.P.Thilak Kumar, learned Government Pleader, who takes notice for the respondents 1 and 2 and Mr.G.V.Vairam Santhosh, learned Additional Government Pleader, who takes notice for the third respondent.
3. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.
4. It is the claim of the petitioner that he is a resident of Neikarapatti Town Panchayat and the third respondent from the year 2007 to 2012, called for applications for providing new drinking water connections. Pursuant to the same, about 462 persons made applications by paying advance amount as directed by the third respondent. Though the applications and nominal advance payment were received by the third respondent, no action was taken to provide new drinking water connections. Hence, the petitioner made an application dated 10.02.2011 under the Right to Information Act, seeking to furnish the seniority list of those 462 persons applied for getting new drinking water connections. The third respondent, through his proceedings in Na.Ka.No.
151/2011, dated 09.03.2011, furnished the seniority list of those 462 persons. It is the grievance of the petitioner that contrary to the same, the third respondent is now trying to give drinking water connection for some private persons overlooking the seniority list and also stated that no advance amount was paid by those 462 persons. In this regard, the petitioner made a representation on 21.01.2022 to the respondents, seeking to provide new drinking water connections as per the said seniority list and finding no heed to it was paid, the petitioner has filed this Writ Petition.
5. The learned Additional Government Pleader appearing for the third respondent, on instructions, submitted that the representation of the petitioner dated 21.01.2022 would be considered and disposed of in accordance with law within a time frame, for which, the learned counsel for the petitioner is agreeable.
6. Recording the above submission, this Writ Petition is disposed of with a direction to the authorities concerned to consider and dispose of the
representation of the petitioner dated 21.01.2022, on merits and in accordance with law and provide new drinking water connection to the applicants as per the seniority list issued by the third respondent in Na.Ka.No.151/2011, dated 09.03.2011. Such an exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
[R.M.D., J.] & [J.S.N.P., J.] vsm 08.11.2022 Index : Yes / No Internet : Yes / No To 1.The Commissioner, Commissionerate of Town Panchayats, Urban Administrative Office Campus, R.A.Puram, Chennai - 28.
2.The Assistant Director of Town Panchayats, Collectorate Office, Dindigul.
3.The Executive Officer, Neikarapatti Town Panchayat, Palani Taluk, Dindigul District.
R.MAHADEVAN , J.
AND J.SATHYA NARAYANA PRASAD, J.
VSM W.P.(MD)No.25282 of 2022 08.11.2022