D.Sumathi v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2015

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P.No.13001 of 2014 D.Sumathi ... Petitioner vs.

1. The Chairman Chennai Metropolitan Water Supply and Sewerage Board Chennai-2.

2. The Depot Engineer CMWSSB, III Area No.2, Vadivelu 2nd Cross Street Perambur, Chennai-11.

3. The Junior Engineer CMWSSB, III Area Depot 40/41 40, Thiruvengadaswamy Street Puliyanthope, Chennai-12.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to direct the respondents to consider and pass orders on the petitioners representation dated 13.02.2014 and 17.04.2014 seeking metro water connection at No.38/9, Joseph Street, Kannigapuram, Chennai-12 in accordance with law.

For Petitioner : Mrs.V.Renuka Devi for Mr.N.A.Nissar Ahmed For Respondents : Mr.S.V.Durai Solaimalai Additional Government Pleader

ORDER

Heard both sides.

2. The petitioner has filed the present petition praying for the issuance of a writ of Mandamus to direct the respondents to consider and pass orders on the petitioners representation dated 13.02.2014 and 17.04.2014 seeking metro water connection at No.38/9, Joseph Street, Kannigapuram, Chennai-12 in accordance with law.

3. According to the petitioner, her family is residing at No.38/9, Joseph Street, Kannigapuram, Chennai-12 for more than four decades. In fact, the petitioned property, originally belonged to her grand mother Ranganayaki Ammal and after her, it devolved upon her. As a matter of fact, by means of an order dated 05.10.2012 in I.A.No.3488 of 2012 in O.S.No.3087 of 2007, the XII Assistant Judge, City Civil Court, Chennai permitted her to carry out repair and renovation work in respect of sewerage connection in the aforesaid property.

4. The plea of the petitioner is that there is no Metro water connection to her property and she has made representations in this regard on 13.02.2014 and 17.04.2014 respectively. However, these representations were not considered and they are still pending as on date. Hence, she has filed the present writ petition.

5. In view of the fact that the petitioner's representations dated 13.02.2014 and 17.04.2014 are pending and not yet disposed off by the concerned authorities, this Court in the interest of justice and Fair Play directs the Respondents 1 to 3 to look into the said representations of the petitioner with all seriousness and to dispose of the same by passing a reasoned speaking order on merits in a fair, just and objective fashion, within a period of four weeks from the date of receipt of a copy of this order, [ofcourse, after affording due opportunity to the petitioner and others concerned by adhering to the principles of natural justice.

6. With the above direction and observation, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

vj2 To

1. The Chairman Chennai Metropolitan Water Supply and Sewerage Board Chennai-2.

2. The Depot Engineer CMWSSB, III Area No.2, Vadivelu 2nd Cross Street Perambur, Chennai-11.

3. The Junior Engineer CMWSSB, III Area Depot 40/41 40, Thiruvengadaswamy Street Puliyanthope, Chennai-12.

+1cc to Mr.N.A.Nissar Ahmed, Advocate, S.R.No.16186 W.P.No.13001 of 2014 SAI(CO) CA(30/03/2015)