Saravanan v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.04.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN Saravanan
...Petitioner
Vs
1. The Chairman The Chennai Metropolitan Water Supply and sewerage Board, No.1, pumping station road, Chintadripet, Chennai - 600 002
2. The Area Engineer - VI No.3, Vadivelu II cross streer Perambur, Chennai -11.
3. The Assistant Engineer/Deport 64 Kalidass Stret, Pombukar Nagar, Kolathur, Chennai - 99.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to cancel Water and Sewerage Tax connection vide CMC No.5147-000000-8 for 1/5
the property situated at Chennai District, Perambur Taluk, bearing No.P1 Annai Theresa Nagar, Villivakkam, Chennai - 600 049, comprised in Survey No.193/2A measuring an extent of 1800 Sq.Ft which is in the name of Neeladevi and transfer the same to the name of the petitioner by considering the representation of the petitioner dated 28.11.2023 and pass orders.
For Petitioner : Mr. S. Lavanya For Respondents : Mrs.K. Vasantha Mala Standing Counsel
ORDER
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to consider the petitioner's representation dated 28.11.2023 and pass orders.
2. In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.
3. The case of the petitioner is that the petitioner is the owner of the property situated at P-1 Annai Therasa Nagar, Villivakkam, Chennai 600 049. The said property was registered as Doc.No.3269/1995 dated 2/5
3107.1995. Prior to the registration of the subject property one Mrs.Neeladevi was in illegal possession of the property. While so the said Neeladevi with an intention to grab the subject property had illegally obtained the property tax receipts, EB receipts and water Tax in her name, which shows that she is in the possession of the subject property. The said Neela Devi also filed a suit in O.S.No.5839 of 2015 and the same was dismissed. Therefore, the petitioner gave a representation to the respondent on 28.11.2023 to transfer the water tax in his name. However, the same was not considered. Hence this petition.
4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondent to consider the petitioner's representation dated 28.11.2023 and pass orders.
5. The learned standing counsel appearing for the respondents submitted that they will consider the case of the petitioner and take action in the manner known to law.
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6. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without going into the merits of the case, directs the respondent to consider the petitioner's representation dated 28.11.2023, and pass orders on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order.
7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.
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1. The Chairman The Chennai Metropolitan Water Supply and sewerage Board, No.1, pumping station road, Chintadripet, Chennai - 600 002
2. The Area Engineer - VI No.3, Vadivelu II cross streer Perambur, Chennai -11.
3. The Assistant Engineer/Deport 64 Kalidass Stret, Pombukar Nagar,Kolathur, Chennai - 99. 4/5
V.BHAVANI SUBBAROYAN,J.
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