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Madras High CourtWP/14535/2015disposed of

E.Kumar v. The Managing Director

2015-05-13Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.5.2015

CORAM:

THE HON'BLE MR.JUSTICE R.SUBBIAH WRIT PETITION NO.14535 OF 2015 E.Kumar ..

Petitioner vs.

1.The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, Chennai.

2.The Chief Engineer, Chennai Metropolitan Water Supply and Sewerage Board, Chennai.

3.The Executive Engineer, Chennai Metropolitan Water Supply and Sewerage Board, Chennai.

..

Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying for the relief stated therein.

For petitioner :

Mr.A.T.Jayaraman For respondents :

Mr.P.Sanjay Gandhi, AGP.

O R D E R

This Writ Petition has been filed seeking to direct the respondents to consider the petitioner's representation dated 2.5.2015 for restoring water connection to his premises situated at Old door No.14, new door No.14/1, Arani Gangan Lane, Old Washermenpet, Chennai-21.

2. According to the petitioner, he is residing at the above mentioned address along with his family. He had purchased the said property from one Mahalakshmi during the year 2007 and had constructed a building thereon during the year 2009. The grievance of the petitioner is that he could not receive the water supply and drainage connection as the name of the earlier owner was reflecting in the property tax. In this connection, the petitioner sent a representation dated 21.4.2010 to the Corporation of Chennai and as

the said representation was not considered, he filed W.P.No.14155 of 2013, which was disposed of by this Court on 16.5.2013. Thereafter, the Chennai Corporation has issued the property tax, however the value of the property tax was wrongly evaluated by the concerned authority. Hence, the petitioner filed W.P.No.16580 of 2014. The only grievance of the petitioner is that he is not able to receive the water and drainage connection to the above said property, on the ground of non-payment of the water and drainage tax by the erstwhile owner. While so, on 9.8.2014, the petitioner was served with a notice demanding a sum of Rs.9,580/- being the default amount of drainage tax, which was subsequently paid by the petitioner on 14.8.2014. Thereafter, the respondents have restored the drainage connection but not the water connection. Hence, the petitioner submitted a representation dated 2.5.2015 to the respondents for restoring the water connection. As no steps have been taken, the present writ petition is filed.

3. Heard the submissions of the learned counsel on either side and perused the records. Considering the facts and circumstances of the case, without going into the merits and de-merits of the matter, the respondents are directed to consider the representation of the petitioner dated 2.5.2015 and pass appropriate orders on merits, within a period of four weeks from the date of receipt of a copy of the order. The Writ Petition is disposed of accordingly. No costs.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar gs.

To 1.The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, Chennai. 2.The Chief Engineer, Chennai Metropolitan Water Supply and Sewerage Board, Chennai.

3.The Executive Engineer, Chennai Metropolitan Water Supply and Sewerage Board, Chennai. 1 cc to Mr. Jayaraman, Advocate, Sr. 25122 1 cc to Mr.P. Sanjay Gandhi, Advocate, sr. 25156 Writ Petition No.14535 of 2015 MG (CO) kk 19/5