S.Delhi, v. The State,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2018
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.8310 of 2018 S.Delhi ..Petitioner Vs 1.The State Rep.by The Managing Director, Chennai Metropolitan Water Supply and Sewage Board, Chintadripet, Chennai - 600 002.
2.The Divisional Assistant Engineer, The Chennai Metropolitan Water Supply and Sewage Board, No.12, 1st Main Road, Indra Nagar, Adyar,Chennai - 600 020.
3.The Assistant Engineer, Ward No.182, Chennai Metropolitan Water Supply and Sewage Board, Tiruvanmiyur, Chennai - 600 041.
4.The Area Engineer, Division - 13, No.42, 1st Main Road, Chennai Metropolitan Water Supply and Sewage Board, Indra Nagar, Adayar,Chennai - 600 020.
.. Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking issuance of Writ of Mandamus,to direct the respondents to consider the petitioner's representation dated 05.03.2018 to fix a new sewage connection in petitioner's residential place No.48/1, Mutukadu Road, East Coast Road, Shakthi Nagar, Second Street, Thiruvanmiyur, Chennai - 600 041, within the time prescribed by this Court. For Petitioner : Mr.S.Sugendrean For Respondents : Mr.N.Ramesh Standing Counsel
O R D E R
Heard Mr.S.Sugendrea, learned counsel for the petitioner and Mr.N.Ramesh, learned Standing Counsel appearing for the respondent.
2. The petitioner has come forward with the present writ petition seeking issuance of a writ of mandamus, to direct the respondents to consider the petitioner's representation dated 05.03.2018, to give a new sewage connection to the petitioner's residential place situated at No.48/1, Mutukadu Road, East Coast Road, Shakthi Nagar, Second Street, Thiruvanmiyur, Chennai.
3. The learned counsel for the petitioner submitted that the petitioner is the absolute owner of the said property and he made an application with necessary fee on 20.09.2017, to the fourth respondent to give a new sewage connection. Since there was a delay, he sent a representation to the respondents on 05.03.2018, but, so far there was no reply. Hence, the present writ petition.
4.The learned Standing Counsel on the basis of the counter affidavit filed by the fourth respondent submitted that for providing sewage connection to the premises of the petitioner from E.C.R side was not technically feasible. It has been suggested that there was another way of linking of sewage connection from the private sewage chamber located in the back side of the petitioner's house. It is further stated that the fourth respondent is ready to consider the grievance of the petitioner and take appropriate action.
5. In the light of the above submissions made by the learned counsels on either side and the grievance expressed by the petitioner, this Court, without going into the merits of the case, directs the fourth respondent to consider and pass orders on the representation of the petitioner dated 05.03.2018, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to all the necessary parties.
6. With the above direction, this writ petition is disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ms
To 1.The Managing Director, Chennai Metropolitan Water Supply and Sewage Board, Chintadripet, Chennai - 600 002.
2.The Divisional Assistant Engineer, The Chennai Metropolitan Water Supply and Sewage Board, No.12, 1st Main Road, Indra Nagar, Adyar,Chennai - 600 020.
3.The Assistant Engineer, Ward No.182, Chennai Metropolitan Water Supply and Sewage Board, Tiruvanmiyur, Chennai - 600 041.
4.The Area Engineer, Division - 13, No.42, 1st Main Road, Chennai Metropolitan Water Supply and Sewage Board, Indra Nagar, Adayar, Chennai - 600 020.
+1cc to Mr.S.Sugendrean,Advocate sr.no.32340 +1cc to Mr.N.Ramesh, Advocate sr.no.31820 W.P No.8310 of 2018 kk(co) nr 04/06/2018