K.Balan v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2020

CORAM:

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.No.5061 of 2020 K.Balan

...Petitioner

-Vs1. The Commissioner, The Greater Chennai Corporation, Rippon Building, Chennai.

2. The Zonal Officer- X, The Greater Chennai Corporation, Kodambakkam, Chennai -24.

3. The Tahsildar/Deputy Collector, Chennai Metropolitan Water Supply and Sewerage Board, No.9, Muthukrishnan Street, T.Nagar, Chennai 600 017.

4. The Divisional 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 the Constitution of India praying to issue a Writ of Mandamus directing the 4th respondent herein to restore the water and drainage connection to the petitioners residence i.e No.2(4), Mately Road, T.Nagar, Chennai 600 017.

For Petitioner : Mr.P.Raghu For Respondents : Mrs.Karthika Ashok Standing Counsel for R1 and R2 Mr.Janakiraman for R3

O R D E R

This writ petition has been filed for the issue of writ of Mandamus, directing the 4th respondent to restore the water and drainage connection to the premises belonging to the

petitioner.

2.

The case of the petitioner is that he had leased the property to one Manikandan and he was running a Mess. There was some dispute between the petitioner and his tenant. In the meantime, a notice came to be issued by the Corporation of Chennai to the tenant, since he was found to be running a mess without proper license from the Corporation. It is the further case of the petitioner that the Corporation had taken action to disconnect the water and drainage connection to the premises. Thereafter, the tenant is said to have vacated the property. 3.

The petitioner therefore made a representation to the respondents to restore the water and drainage connection through his representation dated 31.12.2019. Since the same has not been considered by the respondents, the present writ petition has been filed before this Court.

4.

Heard the learned counsel appearing for the petitioner and the respective learned counsel appearing on behalf of the respondents.

5.

Taking into consideration the facts and circumstances of the case and the subsequent development that has taken place, there shall be a direction to the 4th respondent to consider the representation made by the petitioner on 31.12.2019. The 4th respondent shall ensure that the tenant has already vacated the premises and there is no business being conducted without license. The 4th respondent shall thereafter pass necessary orders and restore the water and drainage connection, within a period of two weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 4th respondent along with a copy of the representation dated 31.12.2019 and also a copy of this order.

6.

This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar rka

To

1. The Commissioner, The Greater Chennai Corporation, Rippon Building, Chennai.

2. The Zonal Officer- X, The Greater Chennai Corporation, Kodambakkam, Chennai -24.

3. The Tahsildar/Deputy Collector, Chennai Metropolitan Water Supply and Sewerage Board, No.9, Muthukrishnan Street, T.Nagar, Chennai 600 017.

4. The Divisional Engineer, (Zone -X), Chennai Metropolitan Water Supply and Sewerage Board, No.9, Muthukrishnan Street, T.Nagar, Chennai - 600 017.

+2cc to Mr.P.Raghu, Advocate, S.R.No. 22900 W.P.No.5061 of 2020 VSN II(CO) GN(18/03/2020)