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2008 DIGILAW 2521 (MAD)

Selvi Vijayarajan v. The Executive Officer, Valparai 3rd Grade Municipality

2008-07-18

S.NAGAMUTHU

body2008
Judgment :- Though miscellaneous petitions are listed, by consent, the writ petition itself is taken up for disposal. 2. The petitioner claims that her husband has constructed a house in Rajiv Gandhi Nagar within the Municipal limits of Valparai in the year 2006. The said house bears Door No.9/582-1. The petitioner has made an application to the first respondent seeking for drinking water connection to the said house. But, no action whatsoever was taken on this representation. Therefore, she approached this Court by way of a writ petition. This Court, by order dated 112. 2007 in W.P.No.37394 of 2007 directed the first respondent/Executive Officer to consider the said application and to pass necessary orders. Thereafter, the first respondent by his proceedings in Na.Ka.No.533/2006/A2 dated 28.01.2008 has rejected the request of the petitioner for giving immediate water connection to the house and he has stated that drinking water connection to the said house would be given as soon as the second project which is under progress as per G.O.Ms.No.463 dated 111. 2006 is completed. Challenging the same, the petitioner has come forward with this writ petition and she has also sought for a direction to the respondents to give immediate water connection from the existing project. 3. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents. 4. The learned counsel for the petitioner would submit that the petitioner is occupying a residential house belonging to the respondent Municipality and since she has not vacated the same, as a vindictive measure, the first respondent has passed the impugned order refusing to give drinking water connection to the house of the petitioner. But in the counter filed by the first respondent, it has been stated that "originally the Valparai Municipality had a water scheme, in which thousand connections have been already given. Now, to meet the further needs of the general public, the Municipality has taken steps to extend the water scheme and accordingly, the second project has been sanctioned by the Government and the work is under progress and as soon as it is completed, water service connection to the house of the petitioner would be given." 5. Now, to meet the further needs of the general public, the Municipality has taken steps to extend the water scheme and accordingly, the second project has been sanctioned by the Government and the work is under progress and as soon as it is completed, water service connection to the house of the petitioner would be given." 5. When this case came up last week, the learned counsel for the respondents was directed by this Court to produce the records, so as to explore the possibility as to whether it is possible to give water connection to the house of the petitioner from the existing project. The learned counsel for the respondents has today produced the records to show that the capacity of the existing project is only for thousand domestic connections. According to him, even in the year 2005, thousand connections have been given and so, it is not possible to give any further connection from the existing project. The learned counsel for the respondents also produced the progress report in respect of the water supply improvement scheme which is under progress. According to the said report, almost the work is completed and the rest of the work will be completed somewhere during the end of August 2008. Therefore, the learned counsel for the respondents would submit that as soon as this project is completed and the same becomes operational, the respondents would consider the application of the petitioner and give water connection to her house, provided she satisfies the other requirements. 6. In view of the above, the following order is passed: The writ petition is disposed of with a direction to the respondents to give drinking water tap connection to the house of the petitioner as per her application dated 10.01.2008 as soon as the second existing water supply improvement scheme becomes operational. No costs. Consequently, connected miscellaneous petitions are closed.