B.Narayanan, v. The District Collector

Madras HC9 Feb 2016WP/1385/2016

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COURT OF JUDICATURE AT MADRAS Dated :…

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Issue for consideration

Whether the water supply connection to the petitioner's premises should be restored and a fresh connection application entertained. +1 more

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This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

B.Narayanan, Vs The District Collector — Service and Employment | Madras HC (2016)

¶17

The petitioner and the fourth respondents are sons of the same venter. It appears that they are at loggerheads, and the dispute has reached this Court concerning water connection. The property, is situate at No.184, Kovil Street, Thennampalayam, Thiruppur, and as on date, the proper tax assessment card stands in the name of the father of the petitioner and the fourth respondent, late N.Balan. However, based on such records, initially, water connection has been given exclusively in the name of the fourth respondent. Now, the fourth respondent would state that, after the demise of his parents, the property devolved upon the legal heirs, which includes the petitioner and the fourth respondent, and at that point of time, fourth respondent wanted his elder brother/petitioner to join him in applying for joint connection, but, the petitioner refused to oblige him. Therefore, the fourth respondent had obtained individual connection in his name. Now, the fourth respondent has proposed to carry out certain repair works in the portion, which, he is in possession. Therefore, he requested the respondent-Corporation to disconnect the water connection. Since the petitioner's property is appurtenant to the fourth respondent's property, the petitioner will be put to hardship, if the water connection is disconnected. Hence, the petitioner has rushed to this Court, asking for restoration of the water connection. At the time, when the Writ Petition was entertained, since the authorities were refusing to consider the petitioner's request, this Court, by an interim order, dated 27.01.2016, has directed for restoration of the water supply to the petitioner's premises, without prejudice to the rights of the parties, viz., the petitioner and the fourth respondent. It is confirmed by the learned counsel appearing for the petitioner that the water supply has since been restored. If the water connection for the property stands exclusively in the name of the fourth respondent, then, the petitioner cannot oppose the fourth respondent from seeking for temporary disconnection. However, in that process, the petitioner should not be prejudiced. Therefore, a workable solution has to be arrived at. The fourth respondent has been able to secure water connection in his name based on the property tax assessment card standing in the name of the father, late Balan. Therefore, similar benefit can also be extended to the petitioner, if he applies for fresh connection in respect of the portion, which, he is in possession.

B.Narayanan, v. The District Collector

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What the court decided

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Parties & counsel

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B.Narayanan, v. The District Collector

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Case details

Similar cases

The President, Vs C.Munian

The Tamil Nadu Vs M.Sankara Narayanan

L.Sumathi Vs Azahgu Meena

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