K. Muthuramalinga Thevar v. District Collector, Tirunelveli
2014-07-11
T.S.SIVAGNANAM
body2014
DigiLaw.ai
Judgment 1. The petitioners seek for a Writ of Mandamus to quash the order dated 06.06.2014 and to direct the fourth respondent to supply drinking water to their house connections based on the representation dated 18.11.2013. 2. Heard the learned Counsel appearing for the petitioners and the learned Government Advocate appearing for the respondents 1 and 2 and Mr. Aaiyram K. Selvakumar, learned Government Advocate appearing for the respondents 3 and 4. 3. By the impugned order, the respondents have stated that on account of shortage of water supply, the water has been temporarily suspended to the persons who are given the water connections. 4. The learned Counsel appearing for the petitioners apprehended that the water connection is disconnected by the fourth respondent President. 5. On the perusal of the impugned order, it is seen that there is a temporary shortage of water supply on account of shortage of water. Merely because of water is not available, it will not be a ground to disconnect the water connection. As and when the water is available, the same shall be supplied to the petitioners. The reasons assigned in the impugned orders are that there is a shortage of supply of water on account of failure of monsoon and as soon as the water level increases the water supply will be increased. 6. The learned Counsel appearing for the petitioners submits that the fourth respondent made a false statement. He further submits that there are sufficient water sources in that area, but certain persons with the help of President of Panchayat, laid pipes in the low level and the water flows to them alone. 7. In the light of the above, the writ petition is disposed of, by observing that the fourth respondent panchayat cannot disconnect the water supply to the petitioners solely on the ground of shortage of water supply. As stated by the fourth respondent, that there is a shortage of water, is also disputed by the petitioners who are seventeen number. The third respondent Block Development Officer, Sankarankovil, shall conduct the surprise visit and ascertain the actual facts and submit a report to the District Collector. No costs. Consequently, the connected Miscellaneous petition is closed.