Ratna Mazumder v. Port Blair Municipal Council And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/86/2024 Smti. Ratna Mazumder ... Petitioner Vs.

Port Blair Municipal Council & Ors. ... Respondents Ms. Sohini Golder ...for the Petitioner Mr. Rakesh Kumar ...for the Respondents January 31, 2024 (M.A.Mobin) Item No.3 The petitioner has prayed for a direction upon the respondents to accept the application for water tap connection without requiring the resident's certificate from the concerned Ward Councilor. The petitioner claims to be residing along with her family in Government Revenue land bearing Survey No.1/P measuring an area of about 500 Sq. Mtrs. at Birsa Nagar Village within Ward No.18, Attam Pahar, Garacharma-II, Port Blair Tehsil, South Andaman District. The petitioner is enjoying the electricity connection in the said property. The petitioner has also produced documents to show that she is paying property tax to the Port Blair Municipal Council.

The learned Advocate appearing for the Port Blair Municipal Council submits that unless an application is submitted by the petitioner, no water tap connection can be given to the petitioner. The learned Advocate for the

respondents, in his usual fairness, submits that the petitioner may submit such application without any resident's certificate from the Ward Councilor. In view of the submissions advanced by the learned Advocates for the respective parties WPA 86 of 2024 is disposed of by directing the Executive Engineer (Water Division), Port Blair Municipal Council being the 2nd respondent in the Writ Petition to accept the application for water tap connection without the resident's certificate from the Ward Councilor along with a copy of this order. If such application is submitted by the petitioner pursuant to this order, the 2nd respondent shall consider the same and dispose of such application in accordance with law as expeditiously as possible but positively within a period of fortnight from the receipt of a copy of such application. In the event the 2nd respondent decides in favour of the petitioner, all consequential steps thereto shall be taken pursuant to the said reasoned decision.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Hiranmay Bhattacharyya, J.)