Kurinji Nagar House Owners v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.03.2018
CORAM:
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P. No.5637 of 2013 & M.P.Nos.1 and 2 of 2013 & 1 of 2015 Kurinji Nagar House Owners' Welfare Association, (Regn.No.276/91), Rep. by its President, M.A.Chinnappan, C-52-A 6th Cross Street, Kurinji Nagar, Ramapuram, Chennai - 600 089.
.. Petitioner Vs.
1.The Government of Tamil Nadu, Rep. by its Secretary, Municipal Administration & Water Supply Department, Secretariat, Chennai - 600 009.
2.The Municipal Administration and Water Supply Department, Rep. by its Commissioner, Chepauk, Chennai - 5.
3.Chennai Metropolitan Development Authority, Rep. by its Member Secretary, Thalamuthu Natarajan Maaligai, 8, Gandhi Irwin Road, Chennai - 600 008.
4.Tamil Nadu Housing Board, Rep. by its Managing Director, Nandanam, Chennai - 35.
5.Corporation of Chennai, Rep. by its Commissioner, Rippon Building, Chennai - 3.
6.Chennai Metropolitan Water Supply & Drainage Board, Rep. by its Managing Director, No.1, Pumping Station Road, Chennai - 600 002.
7.The Assistant Commissioner, Zone XI, Chennai Metropolitan Water Supply & Sewerage Board, Arcot Road, Valasaravakkam, Chennai - 600 087.
.. Respondents PRAYER:
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the respondents from putting up any new construction such as Water Tax Collection Centre or any other building in the place reserved as 'park' in the approved layout of Ramapuram Housing Scheme (Kurinji Nagar).
For Petitioner : Mr.Kandhan Duraisami For Respondents : Mr.V.Shanmuga Sundar Special Government Pleader for R1 & R2 Mr.C.Johnson for R3 Mr.V.Anandhamurthy Standing Counsel for R4 Mr.G.Anantharangan Standing Counsel for R5 Mr.N.Ramesh Standing Counsel for R6 and R7
O R D E R
Heard Mr.Kandhan Duraisami, learned counsel for the petitioner;Mr.V.Shanmuga Sundar, learned Special Government Pleader for the respondents 1 and 2; Mr.C.Johnson, learned counsel for the third respondent; Mr.V.Anandhamoorthy, learned Standing Counsel for the fourth respondent; Mr.G.Anantharangan, learned Standing Counsel for the fifth respondent; Mr.N.Ramesh, learned Standing Counsel for the respondents 6 and 7 and perused the records.
2. This Writ Petition has been filed by the Welfare Association of Kurinji Nagar House Owners, seeking direction to the respondents from putting up any new construction such as Water Tax Collection Centre or any other building in the place reserved as 'park' in the approved layout of Ramapuram Housing Scheme (Kurinji Nagar).
3. In the counter affidavit filed by the respondents 6 and 7, it has been stated that the Chennai Metro Water Supply and Sewage Board (CMWSSB) is carrying out only internal modification work in the already existing building, solely for
the benefit of consumers of Ramapuram Division and no new construction is put up either adjacent to the said existing building or anywhere else. The statement of the respondents 6 and 7 is recorded.
4. It is represented by the learned counsel for the petitioner that the park area has not been properly maintained by the respondent-Chennai Metropolitan Water Supply & Drainage Board.
5. In reply, the learned Standing Counsel for the respondents 6 and 7 submitted that the park is properly maintained and they undertake to maintain the park neat and clean.
6. Recording the above said submission of the learned Standing Counsel for the respondents 6 and 7 and the statement made in the counter affidavit, the Writ Petition is closed. There is no order as to costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar rns To 1.The Secretary, Government of Tamil Nadu, Municipal Administration & Water Supply Department, Secretariat, Chennai - 600 009.
2.The Municipal Administration and Water Supply Department, Rep. by its Commissioner, Chepauk, Chennai - 5.
3.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maaligai, 8, Gandhi Irwin Road, Chennai - 600 008.
4.The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai - 35.
5.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 3.
6.The Managing Director, Chennai Metropolitan Water Supply & Drainage Board, No.1, Pumping Station Road, Chennai - 600 002.
7.The Assistant Commissioner, Zone XI, Chennai Metropolitan Water Supply & Sewerage Board, Arcot Road, Valasaravakkam, Chennai - 600 087.
+1cc to Mr.N.Ramesh, Advocate, S.R.No.20712 +1cc to Mr.V.Anandhamurthy, Advocate, S.R.No.20878 +1cc to Mr.C.Johnson, Advocate, S.R.No.20660 +1cc to Mr.Muthumani Dorasisami, Advocate, S.R.No.20785 +1cc to the Government Pleader, S.R.No.21398 W.P. No.5637 of 2013 & M.P.Nos.1 and 2 of 2013 & 1 of 2015 KAN(CO) RRK(05/04/2018)