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Madras High CourtWP/9437/2014closed

R.Vijay Anand v. Chairman Cum Managing Director

2018-04-24Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2018

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.9437 of 2014 and M.P.No.1 of 2014 R.Vijay Anand ... Petitioner

Versus

1.Chairman cum Managing Director, TANGEDCO, 144, TNEB, Annasalai, Chennai - 600 002.

2.Managing Director, CMWSSB, No.1, Pumping Station Road, Chindadripet, Chennai - 600 002.

3.Superintending Engineer, Construction - I, CMWSSB, No.1, Pumping Station Road, Chindadripet, Chennai - 600 002.

4.Assistant Engineer, CMWSSB, No.1, Pumping Station Road, Chindadripet, Chennai - 600 002.

5.Assistant Engineer, Madhavaram II Section, TNEB, Chennai - 600 110.

6.Area Engineer - III, CMWSSB Zone -3, Madhavaram,

7.Assistant Divisional Engineer, Electrical Department, Zone -3, Corporation of Chennai, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to give effect to the order dated 08.04.2010 in reference No.Na.Ka.892/2010/A1 passed by the Revenue Divisional Officer, Ponneri, Tiruvallur District. For Petitioner : Mr.R.Raghunathan For R1 & R5 : Mr.P.R.Dhilipkumar For R2, R4 & R6 : Mr.N.Ramesh For R7 : No appearance

O R D E R

Though the Miscellaneous Petition is listed for disposal, by consent of the learned counsel appearing for the parties, the Writ Petition itself is taken up for disposal.

2. The relief sought for in this writ petition is to direct the respondents to give effect to the order dated 08.04.2010 in reference No.Na.Ka.892/2010/A1 passed by the Revenue Divisional Officer, Ponneri, Tiruvallur District.

3. The learned counsel appearing for the petitioner made a submission that in paragraph No.7 in the counter affidavit filed by the third respondent, it is submitted that the respondents have not entered into the petitioner's property for laying of sewer main.

4. Further, it is stated in paragraph No.10 that as per the sketch, CMWSS Board has not trespassed into the said private propety. CMWSS Board has not laid any sewer or water main in the above said property.

5. In view of the above statement made on behalf of the third respondent, no further adjudication is required in respect of the grounds raised in this writ petition.

6. Accordingly, the Writ Petition stands closed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar klt To 1.Chairman cum Managing Director, TANGEDCO, 144, TNEB, Annasalai, Chennai - 600 002.

2.Managing Director, CMWSSB, No.1, Pumping Station Road, Chindadripet, Chennai - 600 002.

3.Superintending Engineer, Construction - I, CMWSSB, No.1, Pumping Station Road, Chindadripet, Chennai - 600 002.

4.Assistant Engineer construction-I, CMWSSB, No.1, Pumping Station Road, Chindadripet, Chennai - 600 002.

5.Assistant Engineer, Madhavaram II Section, TNEB, Chennai - 600 110.

6.Area Engineer - III, CMWSSB Zone -3, Madhavaram,

7.Assistant Divisional Engineer, Electrical Department, Zone -3, Corporation of Chennai, +1cc to Mr.S.R.Rajagopal, Advocate, sr.no.30850 W.P.No.9437 of 2014 SG(CO) RRK(22/05/18)