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Madras High CourtWP/8173/2014disposed of

Mrs.C.Lalitha, v. The Managing Director,

2015-03-17Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P.No.8173 of 2014 And M.P.Nos.1 and 2 of 2014 Mrs. C. Lalitha, .. Petitioner

Versus

1.The Managing Director, Chennai Metro Water Supply and Sewerage Board, No.1, Pumping Station Road, Chinthadripet, Chennai - 600 002.

2. The Area Engineer, Area - VI, Chennai Metro Water supply and Sewerage Board, No.1, Vadivel Mudali street, Perambur, Chennai - 600 011.

3. The Deputy Area Engineer - 16, Area - VI, Chennai Metro Water Supply and Sewerage Board, No.1, Vadivel Mudali street, Perambur, Chennai - 600 011.

4. The Junior Engineer (JE), Division No.66, Area - VI, Chennai Metro Water Supply and Sewerage Board, 2nd Circle Road, 3rd cross street, Jawahar Nagar, Chennai - 600 082.

5. N. Chandra Kumar, .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 4th respondent herein to restore the basic ameny of drinking water supply to the petitioner's house premises bearing Door No.18/40B,

Kannaiah Chetty Thottam (K.C.Garden), Peravallur, Chennai - 600 082 and also direct the 4th respondent herein to not to disconnect the drainage and sewerage connection of the petitioner's house premises bearing Door No.18/40B, Kannaiah Chetty Thottam (K.C.Garden), Peravallur, Chennai - 600 082 on considering the petitioner's representation dated 19.02.2014.

For Petitioner :

Mr.B. Ganesha Moorthy, For Respondents:

Mr.M. Jothi Kumar for R1 to R4 Mr. Y. Bhuvanesh Kumar for R5

O R D E R

Heard Mr.B. Ganesha Moorthy, learned counsel for the petitioner and Mr.M. Jothi Kumar, learned for the respondents 1 to 4 and Mr.Y.Bhuvaneshkumar, learned counsel for the respondent 5. 2.It appears that there is civil dispute between the petitioner and fifth respondent in respect of the property in question. But, however that appears to have no bearing on the water and sewerage connection which has been given to the premises in question.

3.The learned standing counsel for the respondents 1 to 4 submitted that there is arrears of water tax, sewerage tax and charges. It is submitted that a communication was sent to the respondent board expressing unwillingness to pay the water and sewerage tax and charges and also to disconnect the supply based on which the respondent has disconnected the supply. 4.The learned counsel for the petitioner submitted that whatever arrears is there, the petitioner is ready and willing to remit the same.

5.In the light of the above stand taken by the petitioner, there will be a direction to the petitioner to appear before the 3rd respondent along with copy of this order and request made to furnish the details of the arrears payable. On remitting the same, water supply and sewerage connection shall be forthwith restored. It is made clear that restoration of the water and sewerage connection will not have any bearing on the pending civil proceedings.

6.With the above direction this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar nvi/pri To 1.The Managing Director, Chennai Metro Water Supply and Sewerage Board, No.1, Pumping Station Road, Chinthadripet, Chennai - 600 002.

2. The Area Engineer, Area - VI, Chennai Metro Water supply and Sewerage Board, No.1, Vadivel Mudali street, Perambur, Chennai - 600 011.

3. The Deputy Area Engineer - 16, Area - VI, Chennai Metro Water Supply and Sewerage Board, No.1, Vadivel Mudali street, Perambur, Chennai - 600 011.

4. The Junior Engineer (JE), Division No.66, Area - VI, Chennai Metro Water Supply and Sewerage Board, 2nd Circle Road, 3rd cross street, Jawahar Nagar, Chennai - 600 082.

1 cc to Mr.B. Ganeshamoorthy, Sr. 14978 W.P.No.8173 of 2014 And M.P.Nos.1 and 2 of 2014 KM (CO) kk 23/3