Vaithiyalinga Nadar vs The District Collector on 5 December, 2019

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Madras High Court

Vaithiyalinga Nadar vs The District Collector on 5 December, 2019

Bench: S.S.Sundar

                                                          1

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED:05.12.2019

                                                      CORAM:

                                THE HONOURABLE MR.JUSTICE S.S.SUNDAR

                                       W.P.(MD)Nos.14155 to 14160 of 2015


                      W.P(MD) No.14155 of 2015

                      Vaithiyalinga Nadar                            ... Petitioner

                                                       -Vs-


                      1.The District Collector,
                        Tirunelveli Collectorate Building,
                        Tirunelveli District.

                      2.The District Revenue Divisional Officer,
                        Tirunelveli District.

                      3.The Block Development Officer,
                        Village Panchayath,
                        Keelapavue Panchayath Union,
                        Pavoorchatram, Tirunelveli District.

                      4.The Tashildar,
                        Thenkasi Taluk,
                        Tirunelveli District.

                      5.The President,
                        Tipppanampatti Panchayath,
                        Keelapavur Union,
                        Thenkasi Taluk, Tirunelveli District.          ... Respondents




http://www.judis.nic.in
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                      PRAYER: Writ Petition filed under Article 226 of the Constitution of
                      India for issuance of writ of mandamus, to direct the respondents 1 to
                      4 to conduct enquiry and to take appropriate action against the 5th
                      respondent for damaging the water pipe line connections, alter and
                      removal of the existing pipe line connection illegally by consider the
                      representation of the petitioner's dated 03.06.2015.


                                    For Petitioner      : Mr.S.A.Ajmalkhan

                                    For R-1 to R-4     : Mr.A.K.Baskara Pandian
                                                         Special Government Pleader

                                    For R-5             : Mr.M.Rajarajan


                                                  COMMON ORDER

These writ petitions have been filed for issuance of writ of mandamus directing the respondents 1 to 4 to conduct enquiry and to take appropriate action against 5th respondent for damaging the water pipe line connections, alteration and removal of the existing pipe line connection illegally, by considering the representation, dated 03.06.2015.

2.In the representation dated 03.06.2015 the petitioners have made serious allegations against the fifth respondent that he illegally demanded a sum of Rs.5000/- per head for giving drinking water http://www.judis.nic.in 3 connection. In the representation, the petitioners have only expressed their grievance and inability to pay the exorbitant amount for getting water connections from the Panchayat line. Nowhere in the representation, the petitioners have stated that the fifth respondent has damaged the pipeline or existing arrangement for supply of drinking water. It is also in the representation, the petitioners have only requested the official respondents to pass appropriate order so that the water pipeline or drinking water system will not be tampered or damaged by the President of the Society. As per Article 243G of the Constitution of India every local body is expected to provide basic amenities and facilities to the public for the residents of the local body and drinking water is also one of the facilities required by the local body to provide. In term of 243H of our constitution, the Panchayat Act authorise the panchayat to levy and collect such charges following procedure.

3.In the said circumstances, the petitioners' grievance appears to be genuine and it has to be redressed. However, the petitioners allegation against the fifth respondent cannot be considered now, as the President is not in the Office.

http://www.judis.nic.in 4

4.This Court having regard to the facts and circumstances of the case, is inclined to direct the District Collector to pass suitable instructions to the third respondent Block Development Officer to take appropriate action for providing drinking water connection to the petitioners by collecting reasonable charges as may be required and permissible in law. Except for the reasons where substantial amount has to be sanctioned for taking new lines and forming any independent supply line to the petitioners, the petitioners' request cannot be rejected and the third respondent should ensure that the petitioners enjoy the same benefit as any other resident is enjoying in the concerned village Panchayat in relation to drinking water connection.

6.With the above directions, these Writ Petitions are disposed of. No costs.




                                                                          05.12.2019

                      Index    : Yes/No
                      Internet : Yes/No
                      cp




http://www.judis.nic.in
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                      To

                      1.The District Collector,

Tirunelveli Collectorate Building, Tirunelveli District.

2.The District Revenue Divisional Officer, Tirunelveli District.

3.The Block Development Officer, Village Panchayath, Keelapavue Panchayath Union, Pavoorchatram, Tirunelveli District.

4.The Tashildar, Thenkasi Taluk, Tirunelveli District.

http://www.judis.nic.in 6 S.S.SUNDAR, J.

cp W.P.(MD)Nos.14155 to 14160 of 2015 05.12.2019 http://www.judis.nic.in

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