T.Elangovan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN T.Elangovan ... Petitioner -Vs1. The Managing Director, Chennai Metropolitan Water Supply and Sewage Board (CMWSSB), Chinthadripet, Chennai-600 002.
2. The Assistant Engineer, Chennai Metropolitan Water Supply and Sewage Board, (CMWSSB), Nolambur, Chennai-600 037.
... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to give water and Sewerage Connections to the petitioner's Residential Flats constructed in Block II at Old Door No.1/31, New Door No.1/24, Vellalar Street, Big Nolambur, Chennai-600 037.
For Petitioner : Mr.T.V.Vineethkumar For Respondents : Mr.K.Vasanthamala Standing Counsel
ORDER
This writ petition has been filed for direction directing the respondents to give water and Sewerage Connections to the petitioner's Residential Flats constructed in Block II at Old Door No.1/31, New Door No.1/24, Vellalar Street, Big Nolambur, Chennai-600 037.
2. Heard both sides and perused the materials available on record.
3. The application submitted by the petitioner is pending for the past several years. The earlier application submitted by the petitioner for water and sewerage connection was returned to the applicant on 07.02.2014 for non availability of sewer main in the street at the time of sewer application registration. While being so, one V.Vasanthi filed a writ petition in W.P.No.3693 of 2014 for injunction restraining the Executive Engineer and Assistant Engineer of Area XI, Ward No.143 of CMWSSB from effecting water and sewer connection for the premises No.1/24 (Old No.1/31), Vellalar Street, Big Nolambur, Chennai - 600 037, since there is a dispute in the ownership of the land between the said V.Vasanthi and the builder.
4. Admittedly, there is a dispute between other flat owner and the builder. Therefore, the respondents cannot cite the said reason for keeping the
application which was submitted by the petitioner as pending.
5. In view of the above, the respondents are directed to provide water and sewerage connection to the petitioner's subject property in Block II at Old Door No.1/31, New Door No.1/24, Vellalar Street, Big Nolambur, Chennai-600 037, within a period of four weeks from the date of receipt of a copy of this order, if not already provided.
6. With the above directions, this writ petition is disposed of. There shall be no order as to costs.
09.09.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn G.K.ILANTHIRAIYAN. J, mn
To
1. The Managing Director, Chennai Metropolitan Water Supply and Sewage Board (CMWSSB), Chinthadripet, Chennai-600 002.
2. The Assistant Engineer, Chennai Metropolitan Water Supply and Sewage Board, (CMWSSB), Nolambur, Chennai-600 037.
09.09.2024