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Madras High CourtWP(MD)/27926/2023disposed of

Abdhul Razag.A.S v. The District Collector

2023-11-24Honourable Mr Justice G.R.Swaminathan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Hajee.A.S.Abdhul Razag ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Sivagangai.

2.The Assistant Director of Panchayat, Office of the Assistant Director of Panchayat, Collectorate Complex, Sivagangai District.

3.The Block Development Officer, Office of the Block Development Officer, Ilayangudi, Sivagangai District.

4.The Executive Officer, Selection Grade Panchayat, Ilayangudi, Sivagangai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 4th respondent to prepare the estimation and to collect 50 percentage of 1/6

estimation amount under "Namakku Name Scheme" and issue the work order for providing pipe connections to the Houses from newly constructed OHT Tank and Bore Well at Ward No.2 in Ilayangudi Selection Grade Panchayat, Sivagangai District in a time bound manner. For Petitioner : Mr.V.Malayendran For Respondents : Mr.M.Sidharthan, Addl. Government Pleader for R1 to R3.

Mr.N.Ramesh Arumugam, Government Advocate for R4.

ORDER

Heard both sides.

2.The prayer in the writ petition is for preparing the estimate and for issuing the working order for providing pipe connections to the residents of the locality under "Namakku Name Scheme". It is not in dispute that by collecting contribution from the general public under Namakku Name Scheme, a overhead tank was already constructed. 2/6

3.When the matter was taken up for hearing, the learned Additional Government Pleader as well as the learned Government Advocate for the local body submitted that since there are two jamats functioning in the region, conceding the petitioner's request may lead to law and order issues. Therefore, the proposal is for providing water connection under AMRUT 2.0 scheme. In other words, the local body itself proposes to lay the pipelines. In this regard, permission had already been obtained from the Government. Work order has also been issued. It is categorically asserted that the pipelines for all the residents of the locality will be provided within a maximum period of six months. 4.The learned counsel for the petitioner of course made certain other allegations against the present chairman of the local body.

The chairman has not been impleaded in his personal capacity. Therefore, it is not proper for this Court to go into the said allegations. Be that as it may, the object of filing this writ petition is to ensure that all the houses in the locality get water pipe connection. Since the local body itself has come forward to provide pipeline connection, no further order is required. The stand of the respondents as mentioned above is recorded.

5.This writ petition is disposed of accordingly. No costs. 24.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Office of the District Collector, Sivagangai.

2.The Assistant Director of Panchayat, Office of the Assistant Director of Panchayat, Collectorate Complex, Sivagangai District.

3.The Block Development Officer, Office of the Block Development Officer, Ilayangudi, Sivagangai District.

4.The Executive Officer, Selection Grade Panchayat, Ilayangudi, Sivagangai District.

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G.R.SWAMINATHAN, J.

ias 24.11.2023 6/6