Alphonse v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2025
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.29713 of 2025 and W.M.P(MD).Nos.22979, 22981 and 22982 of 2025 Alphonse .. Petitioner Vs 1.The District Collector, Theni District.
2.The Block Development Officer, (Village Panchayat) Uthamapalayam, Theni District.
3.Savariraj 4.Rayappa Kumar 5.Prince 6.Louis Raja 7.Kulanthairaja .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned orders in Na.Ka.No.3273-1/2023/B3 dated 07.03.2025 and Na.Ka.No.108/2025/B4 dated 08.08.2025 issued by the second 1/5
respondent and quash the same as illegal and consequently direct the respondents 1 and 2 to provide drinking water connection to the petitioner's residence immediately.
For Petitioners : Mr.C.Bharathi For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader for R1 Mr.A.Kannan Additional Government Pleader for R2 No appearance (for R3 to R7)
ORDER
This writ petition has been filed to quash the impugned orders in Na.Ka.No.3273-1/2023/B3 dated 07.03.2025 and Na.Ka.No.108/2025/B4 dated 08.08.2025 issued by the second respondent and consequential direction to the respondents 1 and 2 to provide drinking water connection to the petitioner's residence immediately.
2. It is the case of the petitioner that on 25.01.2017 he had submitted an application before the first respondent seeking water connection to his house. The said application was accepted and the petitioner was informed that after the drought condition is over, water connection would be given as per the seniority of the application. Thereafter, there was no response, whereas water connection 2/5
was given to the newly constructed houses in his village panchayat, without following the seniority in the application. Subsequently, the petitioner has filed W.P(MD).No.18805 of 2024, wherein this Court directed the respondents therein to consider the petitioner's application dated 25.01.2017 and pass orders. Thereafter also, the respondents did not take steps and hence, the petitioner has filed Contempt Petition(MD).No.922 of 2025. At that time, the respondents issued impugned orders dated 07.03.2025 and 08.08.2025 rejecting the petitioner's application. Aggrieved over the same, the present writ petition has been filed.
3. Heard the learned counsel on either side.
4. A perusal of the impugned orders, particularly the undated order passed in Aug-2025, it is seen that the request of the petitioner has been rejected solely on the ground that there was an objection. However, the nature of the objection has not been stated and that apart, the second respondent has not even given an opportunity to the petitioner to refute the objection given by the private parties, which are now being arrayed as respondents 3 to 7 herein. Therefore, the impugned order is set aside and the Writ Petition is allowed. The second respondent is directed to consider the request of the petitioner as also 3/5
the objections submitted by the respondents 3 to 7 and thereafter, to take an appropriate decision either to provide the water connection or to reject the same. In the event of rejection, a reasoned (speaking) order shall be passed. It is needless to state that an opportunity of personal hearing shall be afforded to both parties before passing such an order. The said exercise shall be completed within a period of three(3) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions are closed. 11.11.2025 NCC : Yes/No Index : Yes/No Internet:Yes Rmk To 1.The District Collector, Theni District.
2.The Block Development Officer, (Village Panchayat) Uthamapalayam, Theni District.
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P.T.ASHA, J.
Rmk Writ Petition(MD)No.29713 of 2025 11.11.2025 5/5