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Madras High CourtWP/11338/2004dismissed

Nolambur Residents Welfare v. The President

2019-07-08Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.11338 of 2004 Nolambur Residents Welfare Association (Regn. No.189 of 1996) Represented by its Vice President, Mr.K.Damodaran, 92, 16th Cross Street, Nolambur Neighbourhood Scheme Phase - I. ...Petitioner .Vs.

1.The President, Nolambur Panchayat Nolambur, Chennai-600 037.

2.The Commissioner, Villivakkam Panchayat Union, Ambattur, Chennai-600 053.

3.D.A.B.C., (De-luxe Apartments and Buildings Co.,) 946, 17th Main Road, Anna Nagar, Chennai-600 040.State of Tamil Nadu [R3 impleaded as per order of Court dated 08.12.2005] 4.The National Academy of Customs Excise and Narcotics (Nacen), Chennai, Rep. by its Officer-in-charge, 2nd Main Road, Padi, Ambattur Industrial Estate, Chennai-58.

5.The Chennai Metropolitan Water Supply and Sewage Board (CMWSSB), Rep. By its Managing Director, No.1, Pumping Station Road, Chintadripet, Chennai-600 002 [R4 & R5 are suo motu impleaded as per order dated 05.12.2017] ... Respondents Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Prohibition, prohibiting the respondents 1 and 2 from connecting the sewerage lines of Private builders to the sewerage lines of Tamil Nadu Housing Board, Nolambur Neighbourhood Scheme Phase-I. For Petitioner : Mr.S.J.Jagadev For Respondents: Mr.S.K.Rameshwar

O R D E R

This petition has been filed by the petitioner for issuance of a writ of prohibition, prohibiting the respondents 1 and 2 from connecting the sewerage lines of Private builders to the sewerage lines of Tamil Nadu Housing Board, Nolambur Neighbourhood Scheme Phase-I.

2.The case of the petitioner is that the petitioner - Nolambur Residents' Welfare Association representing the owners who had purchased flats from the Tamil Nadu Housing Board exclusively provided for Nolambur Neighbourhood Scheme, Phase-I, in which, the local body, viz., the Nolambur Panchayat has not maintained the sewerage system properly and the sewerage of several houses in the colony are overflowing. Hence, the petitioner Association made a representation dated 09.06.20036 to 1. the District Collector, Tiruvallur, 2. the President, Nolambur Panchayat, Nolambur and 3.the Commissioner, Villivakkam Panchayat Union, Ambattur, Chennai. However, no steps have been taken so far. Hence, the petitioner is before this court seeking appropriate relief.

3.The learned Standing Counsel appearing for the respondents would submit that at the time of filing of the writ petition, the area in dispute is under the control of Panchayat Union and now the entire area is under the control of Chennai Corporation.

4.In view of the above, the petitioner is directed to make a representation to the Chennai Corporation and if such a representation is made by the petitioner, the Chennai Corporation is directed to consider the same in accordance with law.

5.In the result, the writ petition is disposed of. No costs. kal Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The President, Nolambur Panchayat Nolambur, Chennai-600 037.

2.The Commissioner, Villivakkam Panchayat Union, Ambattur, Chennai-600 053.

3.D.A.B.C., (De-luxe Apartments and Buildings Co.,) 946, 17th Main Road, Anna Nagar, Chennai-600 040.

4.The National Academy of Customs Excise and Narcotics (Nacen), Chennai, Rep. by its Officer-in-charge, 2nd Main Road, Padi, Ambattur Industrial Estate, Chennai-58.

5.The Chennai Metropolitan Water Supply and Sewage Board (CMWSSB), Rep. By its Managing Director, No.1, Pumping Station Road, Chintadripet, Chennai-600 002 +1cc to the Standing Counsel for CMWSSB, High Court, Madras, vide, SR.No.56824 W.P.No.11338 of 2004 Kak(08/08/2019)