Madras High CourtWP(MD)/25412/2023allowed

Tharumamani.A v. The Commissioner

2023-11-06Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.25412 of 2023 A.Tharumamani ... Petitioner v.

1.The Commissioner, Tuticorin Corporation, Thoothukudi District.

2.Nainar ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to provide water connection on the basis of the deposit dated 04.02.2022 to the petitioner's house situated at D.No.48A, Ward No.12, Block No.5 in Survey No. 1461 in Vanniyanvilai Village, Thoothukudi.

For Petitioner : Mr.C.Jeganathan For Respondents : Mr.J.Anandkumar for R1 Mr.Muthumalai Raja for R2 1/4

ORDER

The petitioner seeks water connection for the petition-mentioned premises. The petitioner claims right over the property on the strength of a Will said to have been executed by her father-in-law. The second respondent's claim rests on the sale deed executed in his favour by the petitioner's brother in law. The petitioner has filed a civil suit impeaching the said sale deed. The suit is still pending. The question that arises for consideration is whether in the meanwhile the petitioner is entitled to water connection. It is seen that the petitioner is residing in the premises. That is evident from the fact that the vendor of the second respondent has filed a suit for recovery of possession. The suit was also subsequently not pressed.

The petitioner has been granted electricity service connection and the same same has been challenged by the second respondent by filing a writ petition in the year 2019. The learned standing counsel for the corporation informs the court that the petitioner must give her application in her name and not in a name of deceased person. 2.The petitioner is therefore permitted to give a fresh application to the first respondent in her name. Upon the said application is being submitted, the first respondent is directed to give water connection to the petitioner as expeditiously as possible.

petition in favour of the petitioner will not in any way affect the civil rights of the second respondent over the petition mentioned property. 3.This writ petition is allowed accordingly. No costs. 06.11.2023 Index : Yes / No Internet : Yes / No Skm To 1.The Commissioner, Tuticorin Corporation, Thoothukudi District.

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G.R.SWAMINATHAN, J.

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