IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.11.2009 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU Writ Petition No.13259 of 2008 & M.P.No.1 of 2008 K.M.Ponnusamy .. Petitioner Vs. 1. The District Collector, Salem District, Salem. 2. Ekapuram Panchayat, rep. by its President, Ekapuram, Magudanchavadi Panchayat Union, Sankari Taluk, Salem District. 3. Mr.M.Muthusamy .. Respondents Writ Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, as stated therein. For petitioner : Mr.Kandhan Doraisami for M/s.Muthumani Doraisami For respondents : Mr.R.Neelakandan, Govt. Advocate for RR-1 Mr.R.Sivakumar for R-3 ORDER The Writ Petition has been filed for issuance of a Writ of Mandamus, to forbear the third respondent herein from disconnecting the drinking water connection to Door No.3/53, Mel Theru, Karattur, Ekapuram Village, Magudanchavadi Panchayat Union, Sankari Taluk, Salem District. 2. The grievance of the petitioner is that the second respondent-Panchayat, by resolution No.5, dated 29.5.2008, has cut- off the water supply to the petitioner's residence. The resolution states that the petitioner has been drawing drinking water and misused and therefore, the public has given a complaint and the Officers from the Tamil Nadu Water Supply Board and the Block Development Officer have made a personal inspection and despite the advice given to the petitioner, he is misusing the water. The petitioner has challenged the said resolution on the ground that https://hcservices.ecourts.gov.in/hcservices/ there is no misuse and in fact, he is also having a bore-well in his premises which water alone is being used for his garden in the backyard. 3. This Court had granted interim order of injunction restraining the third respondent from disconnecting the drinking water connection to the premises in question, and the said order of interim injunction has been extended from time to time. Mala-fide is also alleged against the President of the second respondent- Panchayat, who is also made as a party by name, as third respondent in the Writ Petition. 4. On notice from this Court, the second respondent has filed a counter affidavit, dated 30.6.2009. The contention raised by the second respondent is that the major portion of the water goes to the petitioner first, as he has constructed 8/6 feet sump and storing lot of drinking water and despite the advice, he is not removing such misuse of water. 5. The petitioner has also filed a reply affidavit denying the allegations. 6. On the side of the second respondent, the second respondent has produced a copy of the Tamil Nadu Electricity Board Meter Reading as well as the photographs showing the connection with the sump found in the backyard of the petitioner's residence as well as the sump and the plants grown in his backyard. 7. In a matter of this nature, when the facts are directly in dispute, on the one hand, the Court will have to balance the right of the petitioner to have the drinking water, on the other hand, the second respondent's right to protect the misuse of such facility, is also to be noted. The only option open to the parties is to avail the statutory remedy provided under the provisions of the Tamil Nadu Panchayats Act, 1994. Section 202 of the Tamil Nadu Panchayats Act, 1994, clothes with the power to the the Inspector of Panchayats, namely the District Collector, to decide any resolution of the Panchayat, if any such resolution is contrary to the provisions of the Tamil Nadu Panchayats Act and unreasonable. Therefore, the petitioner is hereby directed to make a representation to the District Collector against the impugned resolution passed by the second respondent-Panchayat within 15 days from the date of receipt of a copy of this order. If such complaint is made, the Inspector of Panchayat, namely the District Collector, the first respondent herein, shall dispose of the said representation in accordance with law, within a period of eight weeks thereafter, after affording an opportunity of hearing to both sides. Till a decision is rendered by the first respondent-District Collector, the second respondent- Panchayat will not disconnect the water supply to the petitioner and must await the decision of the first respondent-District Collector. https://hcservices.ecourts.gov.in/hcservices/ 8. The Writ Petition is disposed of with the above observations and directions. No costs. The Miscellaneous Petition is closed. cs Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1. The District Collector, Salem District, Salem. 2. The President, Ekapuram Panchayat, Ekapuram, Magudanchavadi Panchayat Union, Sankari Taluk, Salem District. + 1 cc to M/s. Muthumani Doraisami, Advocate SR No.62325 + 1 cc to Government Pleader, SR No.62627 KSK(CO) SR/25.11.09 Writ Petition No.13259 of 2008 https://hcservices.ecourts.gov.in/hcservices/