C.P.Gopinath v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.4121 of 2025 C.P.Gopinath ... Petitioner Vs.
1.The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board (Head Office), No.1, Pumping Station Road, Chindatripet, Chennai - 600 002.
2.The Area Engineer, Zone X, Chennai Metropolitan Water Supply and Sewerage Board, No.9, Muthukrishnan Street, T.Nagar, Chennai - 600 017.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents to consider petitioner representation dated 07.11.2024 and to construct the new Sewerage Canal/Chamber at Anantharamakrishnan Street, Saligramam, Chennai - 600 093 for the purpose of let out the drainage/Sewage water from his home.
For Petitioner : Mr.R.Manibarathi Page No.1 of 7
For Respondents :
Mr.K.Vasanthamala, Government Advocate
O R D E R
The petitioner has filed this petition to direct the respondents to consider petitioner representation dated 07.11.2024 and to construct the new Sewerage Canal/Chamber at Anantharamakrishnan Street, Saligramam, Chennai - 600 093 for the purpose of let out the drainage/Sewage water from his home.
2. Since no adverse order has been passed, this writ petition is taken up for final hearing.
3. The case of the petitioner is that the lands which situated at Anantharamakrishnan Street, Devaraj Nagar, Saligramam, Chennai-600093 belongs to three persons namely Mr.Siva Mudaliar, Mr.Srinivasa Chettiar and Mr.Rajendra Naidu. They divided the lands into plots and sold to various persons and the petitioner's father Late C.R. Parthasarathy purchased the said property from Thiru.M.Srinivasa Chettiar by virtue of Sale Deed dated 17-061964 and the same was registered as Document No.1688/1964 at SRO, T. Page No.2 of 7
Nagar. After the demise of his father, the petitioner is living in the said property along with his family members. This being the case, Mr.Siva Mudaliar, Mr.Srinivasa Chettiar and Mr.Rajendra Naidu mutually agreed and allotted the portion of the land to formulate the Street as Anantharamakrishnan Street. The width of the said street is about 20 feet and Length about approximately 455 ft.
3.1. The above street connects in the junction of Navalar high road and there were two sewerage chambers within 100 ft in the Anantharamakrishnan Street and no sewerage chambers have been constructed in the Petitioner's street. The Anantharamakrishnan street and petitioner sewage connection is running with lengthy pipes about 140 ft. to connected via T-section and not to a sewage chamber at Kulasekaran Street, Saligramam, Chennai-600093, therefore the above sewerage pipes were linked in several places in the street. Hence, the sewerage water gets reverse flow on petitioner's house and the drainage water gets shifted to ground well, therefore creates bad smell and ground water becomes unusable.
3.2. Therefore, petitioner made several requests and demands to the Page No.3 of 7
respondents to rectify the said problem and to construct sewage canal/chamber for the purpose to let out drainage/sewage water from his house. He has also sent representation dated 07.11.2024 to the respondents. On receipt of the said representation, the respondents have neglected to take necessary steps to rectify the said problem. Aggrieved by the same, the petitioner has come forward with the present writ petition.
4. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that, it would suffice if this Court issues direction to the respondent to consider the petitioner's representation dated 07.11.2024 and pass appropriate orders on merits and in accordance with law, within a particular time frame stipulated by this Court.
5. Learned standing counsel appearing for the respondent Board submitted that the local residence have made objection for construction of sewerage canal, the respondents 1 & 2 have decided to drop the construction process. Since the petitioner has sent a representation dated 07.11.2024 to the respondents, the same will be considered on merits and in accordance with law.
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6. Heard the learned counsel on either side and perused the materials placed on record.
7. Considering the limited prayer sought for by the learned counsel for the petitioner, this Court without going into the merits of the case, directs the second respondent to consider the petitioner's representation dated 07.11.2024 and pass appropriate orders on merits, in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
8. This writ petition is disposed of with the aforesaid observation and directions. No costs.
07.02.2025 vm Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1.The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board (Head Office), No.1, Pumping Station Road, Chindatripet, Chennai - 600 002.
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2.The Area Engineer, Zone X, Chennai Metropolitan Water Supply and Sewerage Board, No.9, Muthukrishnan Street, T.Nagar, Chennai - 600 017.
J.SATHYA NARAYANA PRASAD,J.
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