M.Sridharan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.13379 of 2014 and M.P.Nos.1 of 2014 and 1 of 2015 M.Sridharan ... Petitioner -Vs1. The Commissioner, Corporation of Chennai, Chennai 600 003.

2. The Assistant Engineer, (I/c), Ward No.167, Zone 12, Corporation of Chennai, No.1, New Street, Alandur, Chennai 600 016.

3. The Assistant Engineer (I/c) Chennai Metro Water Supply & Sewerage Board, Nanganallur, Chennai 600 061.

4. The Chairman, Chennai Metro Water Supply & Sewerage Board, No.1, Pumping Station, Chindadripet, Chennai 600 002.

5. T.Sakthi Ganesh ... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 to 4 to take suitable action by passing orders on the petitioner's representation dated 05.04.2014 by removing the unauthorized structure put up by the 5th respondent in the common passage area of the petitioner's apartment complex and to permanently clear the blocked sewage line underneath therein which is contaminating the bore well within a stipulated time to be fixed by this Court.

For Petitioner : Mr.Sai Srujan Tayi for M/s.Giridhar & Sai For Respondents : Mr.V.C.Selvasekaran for RR 1 & 2 : Mr.Jothikumar for RR 3 & 4 : No appearance for R-5

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) It is pointed out by the learned counsel for the petitioner and the first respondent that the complaint of the petitioner about unauthorised construction by the fifth respondent has been redressed by the subsequent purchaser from the fifth respondent having taken corrective action.

2.It is, however, pointed out by the learned counsel for the petitioner that the blockage of the sewage, which took place in consequence thereof, is yet to be cleared. We, thus, direct the third respondent to take necessary corrective action within a maximum period of one (1) month from the date of receipt of the order. The purchaser of the property would also co-operate with the third respondent.

Writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.Nos.1 of 2014 and 1 of 2015 stand closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sra To

1. The Commissioner, Corporation of Chennai, Chennai 600 003.

2. The Assistant Engineer, (I/c), Ward No.167, Zone 12, Corporation of Chennai, No.1, New Street, Alandur, Chennai 600 016.

3. The Assistant Engineer (I/c) Chennai Metro Water Supply & Sewerage Board, Nanganallur, Chennai 600 061.

4. The Chairman, Chennai Metro Water Supply & Sewerage Board, No.1, Pumping Station, Chindadripet, Chennai 600 002.

+1cc to M/s.Giridhar & Sai, Advocate, S.R.No.6143 W.P.No.13379 of 2014 NRJK(CO) CA(09/02/2017)