Madras High CourtWP(MD)/12822/2017disposed of

K.Dhanalakshmi, v. The Commissioner

2023-04-10Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.04.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.12822 of 2017 K.Dhanalakshmi ... Petitioner Vs.

1. The Commissioner, O/. Commissioner, Karaikudi Municipality, Karaikudi.

2. Mrs.Nirmala ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, direction the first respondent to disconnect the water connection to the second respondent in Ward No.29, Door No.5/4, Muthuramalingam Devar Nagar, 4th Street, Karaikudi Municipality, Sivagangai District within the time stipulated by this Court. For Petitioner : Mr.S.Rajasekar For Respondents : Mr.D.Venkatesh for R1 Mr.R.Sundar Srinivasan for R2

O R D E R

The petitioner seeks a direction for the disconnection of the water supply connection provided to the second respondent in respect of a particular property.

2. The petitioner asserts that the second respondent does not have any right, title or interest in the property bearing T.S.No.563 part, Karaikudi Municipality, Sivagangai District. Therefore, the present writ petition is filed seeking disconnection of the water supply after issuing a representation dated 27.06.2017.

3. Both learned counsel for the petitioner and learned counsel for the second respondent submit that there are civil disputes between the petitioner and the second respondent.

4. The water supply connection provided to the second respondent cannot be disconnected at the instance of the petitioner while such civil

disputes relating to the title over the relevant property are pending. Consequently, W.P.(MD).No.12822 of 2017 is disposed of by leaving it open to the private parties to resolve the civil disputes through the jurisdictional civil courts and approach the first respondent thereafter. There shall be no order as to costs.

10.04.2023 NCC :No Internet :Yes Index :No PKN To The Commissioner, O/. Commissioner, Karaikudi Municipality, Karaikudi.

SENTHILKUMAR RAMAMOORTHY, J.

PKN W.P.(MD)No.12822 of 2017 10.04.2023