Nazeer Ahmed v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Nazeer Ahmed
...Petitioner
-Vs1.The Commissioner Grater Chennai Corporation, Rippon Building, Chennai- 600 003.
2.The Executive Engineer Zone-13, Division-171, Chennai Metropolitan Water Supply and Sewerage Board, No.42, 1st Main Road, Indira Nagar, Adyar, Chennai-600 020.
3.The Assistant Executive Engineer Zone-13, Division-171, Chennai Metropolitan Water Supply and Sewerage Board, No.42, 1st Main Road, 1/8
Indira Nagar, Adyar, Chennai-600 020.
4.The Chairman Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakatthi Nagar, Chennai-600 001.
5.The Chief Executive Officer Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakatthi Nagar, Chennai-600 001.
6.The Dasthagir Sahib Jamia Masjid Represented by its Secretary, Door No.54 Mosque Garden, East Jones Road, Saidapet, Chennai-600 015.
7.Dhanalakshmi 8.Senbahavalli 9.Nirmala 10.Senthamarai 11.Vijaya
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus to direct the respondents 1 to 3 herein to take action on the petitioner 2/8
representation dated 27.01.2024 and to provide the water supply connection and sewerage connection to the petitioner superstructure bearing Door No.13/10, situated at Mosque Garden, East Jones Road, Saidapet, Chennai600 015 together with lease hold right over the land belongs to the 6th respondent Wakf by considering the petitioner representation dated 27.01.2024 within a time as stipulated by this Court. For Petitioner :
Mr.E.Prabu For Respondents :
Mr.P.T.Ramadevi Standing Counsel for R1 Mrs.K.Vasanthamala for R2 & R3 Mr.Mohammed Aseef for R5
O R D E R
This writ petition has been filed seeking to the respondents 1 to 3 herein to take action based on the petitioner representation dated 27.01.2024 and to provide the water supply connection and sewerage connection to the petitioner's superstructure bearing Door No.13/10, situated at Mosque Garden, East Jones Road, Saidapet, Chennai-600 015 together with lease hold right over the land belonging to the 6th respondent Wakf Board, by 3/8
considering the petitioner representation dated 27.01.2024 within a time as stipulated by this Court.
The brief facts of the case are as follows:
2.The Petitioner submitted a representation on 27.01.2024 to Respondents 1 to 3 via RPAD, requesting water supply and sewerage connections for the property at Door No. 13/10, Mosque Garden, East Jones Road, Saidapet, Chennai-600 015, which stands on leasehold land belonging to the 6th Respondent Wakf Board. Despite receiving the representation on 29.01.2024, the Respondents have failed to take any action, leaving the request pending. Therefore, the Petitioner has filed this Writ Petition. 3.The learned Standing Counsel appearing for the respondents 2 and 3 submitted that they have insisted for NOC from the 5th respondent Wakf Board since the land belongs to the Wakf Board, the same was taken on lease by the petitioner. If the NOC is submitted by the petitioner then the water connection and sewage connection will be 4/8
provided to the petitioner as expeditiously as possible. 4.The learned counsel appearing for the petitioner submitted that the petitioner approached the 5th respondent for obtaining NOC. 5.Counter affidavit has been filed by the 2nd and 3rd respondents on 30.08.2024.
6.Heard both sides and perused the materials available on record. 7.The petitioner is directed to give a representation to the 5th respondent Wakf Board for granting NOC so as to enable the petitioner to get water and Sewage connection from the respondents 2 and 3 within a period of four weeks from the date of receipt of a copy of this order.
8.On receipt of such representation from the petitioner, the same 5/8
may be considered by the 2nd and 3rd respondents on merits in accordance with law within a period of four weeks thereof. 9.Accordingly, the writ petition stands disposed of with the above observation and directions. No costs.
14.03.2025 vsn Index : Yes / No Speaking / Non-Speaking Order To 1.The Commissioner 6/8
Grater Chennai Corporation, Rippon Building, Chennai- 600 003.
2.The Executive Engineer Zone-13, Division-171, Chennai Metropolitan Water Supply and Sewerage Board, No.42, 1st Main Road, Indira Nagar, Adyar, Chennai-600 020.
3.The Assistant Executive Engineer Zone-13, Division-171, Chennai Metropolitan Water Supply and Sewerage Board, No.42, 1st Main Road, Indira Nagar, Adyar, Chennai-600 020.
4.The Chairman Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakatthi Nagar, Chennai-600 001.
5.The Chief Executive Officer Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakatthi Nagar, Chennai-600 001.
6.The Dasthagir Sahib Jamia Masjid Represented by its Secretary, Door No.54 Mosque Garden, East Jones Road, Saidapet, Chennai-600 015.
J.SATHYA NARAYANA PRASAD, J.
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