P.Arokiyadass v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.No. 10387 of 2020 P.Arokiyadass
...Petitioner
Vs.
1.The Commissioner, Corporation of Chennai, Rippon Buildings, Park Town, Chennai - 600 003.
2.The Assistant Revenue Officer, Revenue Department, Corporation of Chennai, Zone -15, No. 115, Rajiv Gandhi Salai, Sholinganallur, Chennai - 600 119.
3.The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chintadripet, Chennai - 600 002.
4.The Assistant Engineer, Chennai Metropolitan Water Supply and Sewerage Board, Neelangarai, Chennai - 600 041.
...Respondents
Prayer:
Writ petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents 3 and 4 to provide drinking water connection to the petitioner's house based on the representation dated 06.11.2013 and 27.08.2018 in respect of the house situate at No.1645/2A, 21st Cross Street, Karpaga Vinayaka Nagar, Vettuvankeni, Chennai - 600 115 forthwith.
For Petitioner : Mr.C.Prabakaran For Respondents : Mr.Karthika Ashok Standing Counsel for R1 & R2 Mr.Ramesh, Standing Counsel for R3 & R4
O R D E R
This writ petition is filed for a mandamus, directing the respondents 3 and 4 to provide drinking water connection to the petitioner's house based on his representations dated 0.611.2013 and 27.08.2013 in respect of the house situate at No.1645/2A, 21st Cross Street, Karpaga Vinayaka Nagar, Vettuvakeni, Chennai.
2. Though the petitioner is appraoching the respondents from the year 2013 for the drinking water service connection, the 2nd respondent / Board has not provided the same and therefore, the petitioner has approached this Court.
3. Mrs.Karthika Ashok, learned counsel for the respondents 1 and 2 would submit that they are only a formal party and they are not having any role for grant of water connection. 4.Mr.Ramesh, learned counsel for the 3rd and 4th respondent / Chennai Metropolitan Water supply and Sewerage Board would submit that the petitioner is in occupation of the Government land and he has not produced any valid document for his possession over the property and therefore, the petitioner was not permitted to pay the necessary fee for the water service connection. The learned counsel for the petitioner denied the same and would submit that he is having all necessary documents to establish that he is the owner of the property and he is ready to produce those documents, if the respondent provides an opportunity.
5. Considering the rival submissions made by the counsel appearing on either side, this writ petition is disposed of with a direction to the petitioner to make a fresh representation along with necessary documents to establish his right over the property. If the petitioner has produced the relevant document and if it is at the satisfaction of the 2nd respondent, the 2nd respondent can ascertain the same and if required can also obtain legal opinion and proceed further in accordance with law. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar
kkn To:
1.The Commissioner, Corporation of Chennai, Rippon Buildings, Park Town, Chennai - 600 003.
2.The Assistant Revenue Officer, Revenue Department, Corporation of Chennai, Zone - 15, No.115, Rajiv Gandhi Salai, Sholinganallur, Chennai - 600 119.
3.The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chintadripet, Chennai - 600 002.
4.The Assistant Engineer, Chennai Metropolitan Water Supply and Sewerage Board, Neelangarai, Chennai - 600 041.
+1cc to Mr.C.Prabakaran, Advocate Sr.12622 +1cc to Mr.Karthikaa Ashok, Advocate Sr.12460 W.P.No. 10387 of 2020 gsm[co] srg 22/03/2021