Petitioner approached High Court under Article 226 to stop laying water pipes on her inherited land, which was needed by purchasers of adjacent plots sold by her late father. Bench dismissed the petition holding that stopping supply violated trust and contractual commitments to buyers.
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W.P.No.13079 of 2024
IN THE HIGH COURT OF JUDICATUE AT MADRAS
DATED: 05.08.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.13079 of 2024
V.Suganya
.. Petitioner
Vs
.. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus directing the respondents to consider the petitioner's representation dated 01.05.2024 and consequently, direct the fourth respondent to drop his action of laying
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water pipe in the land belonging to the petitioner in Survey Nos.62/1, as per patta 62/1A1 and 62/2 in Sembiyanallur Village, Avinashi Taluk, Tiruppur District.
For Petitioner : Mr.U.Gokulakrishnan
For R1 to R3 : Mr.S.J.Mohamed Sathik, GA For R4 : Mr.M.Muthusamy
ORDER
The writ petition has been filed for a direction directing respondents to consider the petitioner's representation dated 01.05.2024 seeking to drop the action of laying water pipe in the land belonging to the petitioner in Survey Nos.62/1, as per patta 62/1A1 and 62/2 in Sembiyanallur Village, Vainashi Taluk, Tiruppur District.
cents comprised in Survey Nos.62/1, as per patta 62/1A1 and 62/2, in Sembiyanallur Village, Avinashi Taluk, Tiruppur District, through a registered sale deed dated 07.08.1997, bearing Document No.78 of 1998, on the file of Sub-Registrar, Avinashi. Thereafter, his father died on 13.06.2021 and his mother died on 28.04.2022. Subsequently, the
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petitioner inherited the said property. Whileso, the fourth respondent
trespassed into the said property and started digging his land to lay underground pipeline. Objecting the same, the petitioner submitted a representation dated 01.05.2024 to the respondents requesting to drop laying of pipeline in his land.
the respondents 1 and 3, as well as the learned counsel for the fourth respondent, submitted that the petitioner's father is a real estate businessman and he sold 35 plots showing the road in question as the usage road. The purchasers had obtained approval showing the said road as the road to access their plots. Now, the petitioner is claiming the said road as a private road. In order to provide water supply to the purchasers of the said plots, which were sold by his father, pipeline has been laid to provide drinking water. After the demise of the petitioner's father, now
the petitioner is objecting to lay pipeline to the purchasers of the plots https://www.mhc.tn.gov.in/judis 3/6
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sold out by his father. It is a clear violation of contract and trust. Infact,
the plot owners showing the road in question are seeking water connection and other basic amenities.
05.08.2024
Index: yes/no Neutral citation: yes/no rkm
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To
G.K.ILANTHIRAIYAN, J.
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rkm
W.P.No.13079 of
2024
05.08.2024
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1 provisions across 1 enactments
Suganya
The District Collector, Tirupur District
The Tahsildar, Avinashi Taluk, Tirupur District
The Block Development Officer, Avinashi Taluk, Tirupur District
The Panchayat President, Sembiyanallur Panchayat
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
