In a writ petition under Article 226, the petitioner sought a mandamus directing respondents to provide drinking water, drainage, and road facilities. The Court held it cannot pass such direction as these are subject to fund availability and schemes.
Petition dismissed. No direction to provide facilities. No costs awarded.
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.
W.P(MD)No.604 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.604 of 2023
C.Johnsirajam ... Petitioner
vs.
1.The District Collector cum Inspector of Panchayat, Collectorate, Kokkaralulam, Thirunelveli – 627 009. 2.The Commissioner of Municipal Administration, 11th Floor, Urban Administrative Building, (Opposite to Ciba Building), No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai-600 028. 3.The Special Officer, Vadakku Vallioor Special Grade Town Panchayat, 1, Gandhiji Colony, Vallioor, Thirunelveli District-627 117. 4.The President, Vadakku Vallioor Special Grade Town Panchayat, 1, Gandhiji Colony, Vallioor, Thirunelveli District-627 117. ... Respondents 1/5
W.P(MD)No.604 of 2023
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to consider the representation of the petitioner dated 12.12.2022 addressed to the 2nd respondent and to take appropriate action by providing drinking water and also proper drainage system and paving paver block road facilities to the Ward No.2 of Vaddakku Vallioor Special Grade Town Panchayat.
For Petitioner : Mr.M.Gurudas
For RR 1 & 2 : Mr.P.Thilak Kumar Government Pleader For RR 3 & 4 : Mr.H.Arumugam
ORDER
(Order of the Court was made by D. KRISHNAKUMAR, J.)
The prayer in this Writ Petition is seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to consider the representation of the petitioner dated 12.12.2022 addressed to the 2nd respondent and to take appropriate action by providing drinking water and also proper drainage system and paving paver block road facilities to the Ward No.2 of Vaddakku Vallioor Special Grade Town Panchayat.
2.The petitioner made a representation, dated 12.12.2022 to
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W.P(MD)No.604 of 2023
the respondents seeking to take appropriate action by providing drinking water and also a proper drainage system and paving paver block road facilities to the Ward No.2 of Vaddakku Vallioor Special Grade Town Panchayat. Since the said representation has not been considered, the petitioner has filed the present Writ Petition.
3.Considering the facts and circumstances of the case, we are of
the view that for the aforesaid direction, this Court will not pass any such direction to the respondents. These are all the decisions taken by the concerned Panchayat, subject to the availability of funds and other schemes formulated by the Government. Therefore, it is for the authority concerned to consider the representation of the petitioner, dated 12.12.2022 and take appropriate decision.
4.With the above observation, this Writ Petition is disposed of. No costs.
[D.K.K.,J.] [R.V.,J.] 10.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes
To
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W.P(MD)No.604 of 2023
2.The Commissioner of Municipal Administration, 11th Floor, Urban Administrative Building, (Opposite to Ciba Building), No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai-600 028.
3.The Special Officer, Vadakku Vallioor Special Grade Town Panchayat, 1, Gandhiji Colony, Vallioor, Thirunelveli District-627 117.
4.The President, Vadakku Vallioor Special Grade Town Panchayat, 1, Gandhiji Colony, Vallioor, Thirunelveli District-627 117.
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W.P(MD)No.604 of 2023
D.KRISHNAKUMAR,J. and R.VIJAYAKUMAR,J.
ps
ORDER MADE IN W.P(MD)No.604 of 2023
DATED : 10.01.2023
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1 issue framed by the court
Whether the Court can direct respondents to provide drinking water, drainage, and road facilities against a representation.
1 provisions across 1 enactments
C. Johnsirajam
The District Collector cum Inspector of Panchayat, Collectorate, Kokkaralulam, Thirunelveli
The Commissioner of Municipal Administration, Chennai
The Special Officer, Vadakku Vallioor Special Grade Town Panchayat
The President, Vadakku Vallioor Special Grade Town Panchayat
D. KRISHNAKUMAR
R. VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
