N.Shanmugam v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.02.2025 Coram The Hon'ble Mr.Justice Krishnan Ramasamy and WMP.No.4498 of 2025 Sri.N.Shanmugam
...Petitioner
Vs.
1. The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station, Chindatripet, Chennai- 600 002.
2. Assistant Engineer Chennai Metropolitan Water Supply & Sewerage Board, Trustpuram, Chennai-24.
... Respondents Prayer: This Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to disconnect the water and sewerage connection i.e., CMC No.10/130/04159/000 pertaining to the Petitioner's property viz., No.378/2 (221/2), N.S.K. Salai, Vadapalani, Chennai-26 by treating it as disconnected from 29.07.2024 based upon the petitioner's letter dated 29.07.2024.
1/6
For Petitioner : Mr.N.Sivaprakash For Respondent : Ms.V.Vijayalakshmi Standing Counsel
ORDER
This writ petition has been filed seeking direction to the respondents to disconnect the water and sewerage connection i.e., CMC No.10/130/04159/000 pertaining to the petitioner's property viz., No.378/2 (221/2), N.S.K. Salai, Vadapalani, Chennai-26, by treating it as disconnected from 29.07.2024 based upon the petitioner's letter dated 29.07.2024.
2. Ms.V.Vijayalakshmi, learned Standing Counsel takes notice on behalf of the Respondents.
3. By consent of the parties, the main Writ Petition is taken up for final disposal at the time of admission stage itself.
4. The learned counsel for the petitioner submitted that the petitioner is the absolute owner of the property at No.378/2 (221/2), N.S.K.Salai, Vadapalani, Chennai-26 for which the respondents had given the Water & Sewerage connection. He further submitted that the petitioner had been paying 2/6
the Property Tax assessed for the aforesaid property without any default till 2023-2024-II half, irrespective of the fact that no water had been supplied to the aforesaid property by the respondents. As the petitioner did not require the water & sewerage connection besides the fact that the aforesaid property is also not in a usable condition, the petitioner sent a letter dated 29.07.2024 to the 2nd respondent, requesting them to immediately disconnect the water & sewerage connection, but the same was returned with an endorsement "refused" and hence, the petitioner has come forward with this writ petition seeking for the aforesaid relief.
5. Though the petitioner has sought for disconnecting the water and sewerage connection pertaining to the petitioner's property, in this writ petition, at this stage of hearing of the writ petition, the learned counsel for the petitioner submitted that petitioner may be permitted to send the letter dated 29.07.2024 again to the respondents and the respondents may be directed to pass orders on the same in accordance with law.
6. The learned standing counsel appearing for the respondents has stated on receipt of the letter from the petitioner, appropriate orders will be 3/6
passed.
7. In view of the limited scope of relief now sought for by the petitioner and also in view of the submissions made by the learned counsel appearing on either side, this Court without going into the merits of the case, directs the petitioner to submit a copy of the letter dated 29.07.2024 to the respondents within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, respondent concerned is directed to pass orders on the letter dated 29.07.2024 on merits and in accordance with law, within a period of four weeks thereafter and communicate the decision taken to the petitioner.
8. With the above directions, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 07.02.2025 Speaking/Non-speaking order Index : Yes / No arr 4/6
To
1. The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station, Chindatripet, Chennai- 600 002.
2. Assistant Engineer Chennai Metropolitan Water Supply & Sewerage Board, Trustpuram, Chennai-24.
5/6
Krishnan Ramasamy,J., arr 07.02.2025 6/6