2025 Supreme(Online)(MAD) 12630
HIGH COURT OF MADRAS
Mr. Justice J.Sathya Narayana Prasad, J
A.RANGANATHAN – Appellant
Versus
THE CHIEF MINISTER – Respondent
WP NO. 11741 of 2025
Mr.Abdul Rahim for Petitioner; Ms.P.Aishwarya Govt. Advocate for R.1 and R.2; Mr.C.Jayaprakash for R.3 to R.5
The court affirmed the right of property owners to have essential services restored and emphasized the administrative duty to address disruptions caused by construction activities.
Headnote:(A) Writ of Mandamus - Restoration of water connection - The petitioner sought a writ directing the respondents to restore the water connection to his house after it was cut off due to construction activities by the Panchayat - The petitioner is the absolute owner of the property, having purchased it on August 29, 2016, and secured a water connection on April 29, 2022 - The petitioner has been unable to run his household without water for four months due to the cut-off - The court directed the respondents to provide the water connection expeditiously. (Paras 1-8)
(B) Administrative Responsibility - The court emphasized the duty of the Panchayat to ensure that existing connections are not disrupted without due process and to address complaints promptly. (Paras 3, 6)
ORDER
The petitioner has filed the writ petition seeking for issuance of a writ of Mandamus directing the respondents to consider the representation dated 05.07.2024 and also to direct the 3rd respondent to immediately restore the water connection to the petitioner's house located at Plot No.4, Big Street, Ganapathy Nagar, Serpananchery, Padapai-601301.
2. The case of the petitioner is that he is the absolute owner of the house and he purchased a vacant house site, identified as Plot No.4, measuring 810 square feet, situated at No.149, Serpananchery village in Survey No.33/1A and New Survey No.242/6, as per Patta No.88, on August 29, 2016 from D.Jegath Kumar, who is the power of attorney of Mrs.V.Govindammal, W/o Vasudevan and daughter of Arumuga Naicker. The transaction was registered under Document No.4526/2016 at SRO, Padappai along with his wife Mrs.Gandhimathi.
3. It is the further case of the petitioner that after purchasing the property, the petitioner built a house on the site and obtained a patta No.173 and additionally he secured a water connection to the house on 29.04.2022, after paying Rs.1200/- and Rs.1500/- as deposit. The petitioner states that electricity connection is provided to the house and he is continuing to pay house taxes, electricity bills and water bills regularly. The petitioner submits that Panchayat men came to provide a new connection to the newly built apartment opposite to petitioner's house, dug a pit and cut off the petitioner's existing water pipeline (tap connection) that had already been installed by the Government authorities, as a result, the petitioner is unable to run his household without water for the past four months. The petitioner submitted a written complaint to the President of Serpananchery Panchayat, but, no action has been taken so far. Hence the present writ petition.
4. This Court, by order dated 15.04.2025 has directed the respondents to seal/close the bore well permanently and report the same before this Court on 22.04.2025 i.e., today.
5. Today, when the matter is taken up for hearing, learned counsel for the respondents submits that the petitioner himself has removed the bore well and the same has been admitted by the learned counsel for the respondents 3 and 4.
6. Learned counsel for the respondents 3 and 4, on written instructions from the fourth respondent dated 03.04.2025, submits that the petitioner will be provided water connection.
7. Heard both sides and perused the materials available on record.
8. The fourth respondent is directed to provide water connection to the petitioner as expeditiously as possible, preferably, within a period of one week from the date of receipt of a copy of this order since the petitioner has already paid the required fee on 21.08.2024.
9. The writ petition is disposed of with the above direction. No costs.