A.Ravichandra Mouli v. The Divisional Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.03.2015
CORAM
THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P.No.14018 of 2014 and M.P.No.1 of 2014 A.Ravichandra Mouli .. Petitioner vs.
1.
The Divisional Engineer Area Circle-10 Chennai Water Supply and Sewerage Board, Pondy Bazaar T.Nagar, Chennai 600 017.
2.
The Assistant Engineer 141, Area Circle-10 Chennai Water Supply & Sewerage Board, 32, Boag Road T.Nagar, Chennai 600 017.
.. 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 restore the water supply to the premises bearing Door No.48/40, 5th Street, II Floor, CIT Nagar, Nandanam, Chennai based on the petitioner's representation dated 21.05.2014 forthwith. For Petitioner : No appearance For Respondents: Mr.S.V.Durai Solaimalai Additional Government Pleader
ORDER
When the matter is taken up today, there is no representation on the side of petitioner. Mr.S.V.Durai Solaimalai, learned Additional Government Pleader appears for the respondents.
2. The petitioner has filed the present petition praying for the issuance of a writ of Mandamus in directing the Respondents to restore water supply to his residential premises bearing Door No.48/40, 5th Street, II Floor, CIT Nagar, Nandanam, Chennai based on his representation dated 21.05.2014 forthwith.
3. According to the petitioner, all of a sudden, to his shock and surprise from 09.05.2014, he was not getting drinking water from the pipe line laid by the Respondent/Board. Hence, he approached the Second Respondent and requested to restore water connection so as to enable him and his family to have drinking water facility, which is a basic amenity for human livelihood. However, no action was taken on his complaint to restore the water service connection.
4. The stand of the petitioner is that there is no default in payment of water supply charges at any point of time and despite the same, the restoration of water supply was not considered by the Respondent-Board. Hence, the entire family is on the street. Since, water is the basic amenity, necessary direction may be issued to the Respondents to restore the same to the premises bearing Door No.8/40, 5th Street, II Floor, CIT Nagar, Nandanam, Chennai based on his representation dated 21.05.2014.
5. Considering the fact, that in the representation dated 21.05.2014, the petitioner had only sought for restoration of water supply and the said water supply being an essential and basic amenity, this Court in the interest of justice, Fair Play and even as a matter of Prudence directs the Respondents to look into the representation of the petitioner dated 21.05.2014 [if not already disposed of], in all earnestness/seriousness and to dispose of the same by passing a speaking and reasoned order on merits, assigning necessary reasons, [of-course, after affording due opportunity to the petitioner and others concerned, by adhering to the principles of natural justice], within a period of four weeks from the date of receipt of a copy of this order. It is made clear that the petitioner shall pay the necessary charges to the Respondent-Board for restoration of water supply.
6. With the above observation and direction, the writ petition stands disposed of. No costs.
Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vj2
To 1.
The Divisional Engineer Area Circle-10 Chennai Water Supply and Sewerage Board, Pondy Bazaar T.Nagar, Chennai 600 017.
2.
The Assistant Engineer 141, Area Circle-10 Chennai Water Supply & Sewerage Board, 32, Boag Road T.Nagar, Chennai 600 017.
ALA(CO) EU 07.04.2015 W.P.No.14018 of 2014