Madras High CourtWP/21687/2013disposed of

Smt.V.Mariammal v. The Assistant Engineer

2020-09-07Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.09.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.21687 of 2013 V.Mariammal ... Petitioner Vs.

1.The Assistant Engineer, Chennai Metropolitan Water Supply and Sewerage Board, Divisional Office No.7, Otteri, Chennai - 600 012.

2.The Area Engineer, Chennai Metropolitan Water Supply and Sewerage Board, Old Division No.IV, New Division No.VI, Otteri, Chennai - 600 012.

3.Jayakanthan 4.Sathish ... Respondents (R3 & R4 impleaded vide order dated 21.11.2016 made in M.P.No.1 of 2013) Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the respondents to provide separate water and sewerage connection towards the petitioner's portion of residence situated at No.203, Sivashanmugapuram "B" Block, Purasaiwalkam, Chennai - 7 in the light of the proceedings of the 1st respondent dated 17.05.2011 immediately.

For Petitioner : Mr.B.Gopalakrishnan for Mr.A.Rajesh Kannan For Respondents : Mr.M.Jothikumar, Standing Counsel - CMWSSB (R1 & R2) R3 & R4 - no appearance

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the respondents to provide separate water and sewerage connection towards the petitioner's portion of residence situated at No.203, Sivashanmugapuram "B" Block, Purasaiwalkam, Chennai - 7 in the light of the proceedings of the 1st respondent dated 17.05.2011 immediately.

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2.Mr.B.Gopalakrishnan, learned counsel appearing for the petitioner submitted that the petitioner may be given liberty to give fresh representation to the respondents 1 & 2 and the respondents 1 & 2 may be directed to consider the same and pass orders within a time frame, after giving notice to the respondents 3 & 4.

3.Mr.M.Jothikumar, learned standing counsel appearing for the respondents 1 & 2 has no objection for giving such liberty and submitted that the 2nd respondent would consider the same and pass orders within a period of six weeks. 4.Having regard to the submissions made by the learned counsel on either side, taking into consideration the prayer sought for by the learned counsel for the petitioner, I give liberty to the petitioner to submit a fresh application to the respondents within a period of two weeks from the date of receipt of a copy of this order and on submission of the same, the 2nd respondent is directed to consider and pass orders, after giving notice to the respondents 3 & 4 within a period of six weeks thereafter.

5.With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar va To 1.The Assistant Engineer, Chennai Metropolitan Water Supply and Sewerage Board, Divisional Office No.7, Otteri, Chennai - 600 012.

2.The Area Engineer, Chennai Metropolitan Water Supply and Sewerage Board, Old Division No.IV, New Division No.VI, Otteri, Chennai - 600 012.

+1cc to Mr.Sundarapandiyan, Advocate SR.No.29299 W.P.No.21687 of 2013 NRL(CO) GMY(21/10/2020) https://hcservices.ecourts.gov.in/hcservices/