K.M.Hidayathullah v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.07.2018

CORAM

The Honourable Mr.Justice S.M.SUBRAMANIAM W.P.No.7107 of 2014 in M.P.No.1 of 2014 1.K.M.Hidayathullah 2.K.Nafeesa 3.M.N.Abdul Rasheed 4.Ummer Farook

...Petitioners

Versus

1.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003.

2.The Chairman-Cum-Managing Director, Chennai Metropolitan Water Supply & Sewerage Board, No.1, Pumping Station Road, Chennai - 600 002.

3.The Area Engineer/Executive Engineer, Chennai Metropolitan Water Supply & Sewerage Board, Area-VIII, Division-126, No.9, Muthukrishnan Street, T.Nagar, Chennai-600 017.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the respondents from disconnecting the Sewerage Line of the petitioner's property at Door No.49 (28), Sir Theyagaraya Road, T.Nagar, Chennai 600 017. For Petitioner :

Mr.A.S.Kaizer For Respondent - 1 :

Mr.Master Ganesh For Respondents - 2 & 3 : Mr.N.Ramesh https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The relief sought for in this Writ Petition is to forbear the respondents from disconnecting the Sewerage Line of the petitioner's property at Door No.49 (28), Sir Theyagaraya Road, T.Nagar, Chennai-17.

2. The learned counsel appearing on behalf of the writ petitioners states that the water and sewerage charges were already paid and the petitioners are paying it without any lapses. In spite of that, the respondents are initiating action to effect the disconnection of the sewerage lines. The learned counsel for the petitioners further submitted that in the event of effecting such disconnection, sufficient reasons must be provided to the writ petitioner. He further states that no reason is given. In these circumstances, in the event of any irregularity on the part of the writ petitioners, the respondents have to provide reasons in writing and thereafter, proceed against the writ petitioner.

3. The learned counsel appearing for the third respondent made a submission that as of now there, is no proposal to effect disconnection of sewerage line in respect of the petitioners' property. This being the statement made by the counsel for the respondent, there is no reason to adjudicate the writ petition on the grounds raised at this point of time. Accordingly, this Writ Petition shall stand closed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS vii) //True Copy// Sub Assistant Registrar mrr/gmd To +1cc to Mr.N.RAMESH , Advocate SR.No. 45683 +1cc to Mr.A.S.KAIZER , Advocate SR.No.45925 W.P.No.7107 of 2014 mr(co) ASK(10/09/2018) https://hcservices.ecourts.gov.in/hcservices/