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Madras High CourtWP/21455/2017dismissed

M.P.Govindaswamy v. The Chennai Metropolitan Water

2017-08-11Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2017

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.21455 of 2017 & W.M.P.No.22448 of 2017 M.P.Govindaswamy .. Petitioner v.

1.The Chennai Metropoltian Water Supply and Sewerage Board Represented by its Divisional Engineer No.35/19, Ramanujar Street Chennai - 600 021 2.The Area Engineer-4 CMWSS Board, Zonal Office - 4 No.10-C, Central Avenue Road M.K.B. Nagar Chennai - 600 039 .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents not to disconnect the water supply and drainage connection at petitioners premises at No.57, Parthasarathi Pillai Street, Old Washermenpet, Chennai - 600 021.

For Petitioner : Mr.M.Venkatesan

ORDER

The petitioner has filed the above writ petition to issue a Writ of Mandamus directing the respondents not to disconnect the water supply and drainage connection at my premises at his residence at No.57, Parthasarathi Pillai Street, Old Washermenpet, Chennai - 600 021.

2. The petitioner has already filed a civil suit in O.S.No.1373 of 2017 on the file of XIII Assistant City Civil Court, Chennai along with an Interlocutory Application in I.A.No.3921 of 2017 seeking for injunction for the very same relief sought for in the present writ petition.

3. Since the Trial Court has ordered only notice to the respondents, the petitioner has filed the present writ petition under Article 226 of the Constitution of India, which cannot be entertained for the reason that the petitioner has already filed a civil suit seeking for the very same relief. In such view of the matter, the writ petition stands dismissed.No costs. Consequently, connected miscellaneous petition is closed. sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar Rj To 1.The Chennai Metropoltian Water Supply and Sewerage Board Represented by its Divisional Engineer No.35/19, Ramanujar Street Chennai - 600 021

2.The Area Engineer-4 CMWSS Board, Zonal Office - 4 No.10-C, Central Avenue Road M.K.B. Nagar Chennai - 600 039 W.P.No.21455 of 2017 & W.M.P.No.22448 of 2017 CS(CO) EGR 05/09/2017