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Madras High CourtWP/13326/2024disposed of

A.Durairajan v. Tamil Nadu Water Supply And Sewerage Board

2025-04-22Honourable Mr Justice J.Sathya Narayana Prasad6 pages

WP NO. 13326 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-04-2025

CORAM

THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD WP NO. 13326 of 2024 and WMP No.14484 of 2024 A.Durairajan S/o Asakandan No 5-78 10th Avenue Nallankuppam Ashok Nagar Chennai 600 083 Petitioner Vs

1. Tamil Nadu Water Supply And Sewerage Board, Managing Director, Twad Board, No.31 Kamaraj Road, Chepauk, Chennai 600 005.

2. Tamil Nadu Water Supply and Sewerage Board, Rep by its Assistant Engineer, No.1, Bakthavachalam Street, West Mambalam, Chennai-33.

3.A.Murugaiyan

4. Chennai Metropolitan Water Supply and Sewerage Board, The Executive Engineer, CMWSSB, Chindataripet, Chennai (R.4 impleaded as per order dated 22.04.2025 in WMP No.15768 of 2025) Respondents 1/6

Writ Pettition filed under Article 226 of Constitution of India praying this Court to issue a writ of mandamus directing the respondents 1 and2 to provide water supply service connection and sewerage connection to the petitioner's residential house situated at Site No.37, No.5-78, 10th Avenue, Nallankuppam, Ashok Nagar,Chenai-600083. For Petitioner : S.Sivakumar For Respondents : M/s.S.Mekhala Standing Counsel For R1 & R2 Mr.K.Govi Ganesan For R.3 Ms.K.Vasantha Mala Standing Counsel For R.4

ORDER

The petitioner has filed the writ petition seeking for issuance of a Writ of Mandamus directing the respondents 1 and 2 to provide water supply service connection and sewerage connection to the petitioner's residential house situated at Site No.37, No.5-78, 10th Avenue, Nallankuppam, Ashok Nagar, Chennai-600 083 based on the petitioner's representation dated 11.02.2024.

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2. The case of the petitioner is that he is doing cardboard box in his plot and he is having residential house as site No.37. The petitioner further states that his brother is also having half share in the said house and that was assigned as site No.38 and his brother has already filed an application to the respondent seeking for water supply connection to the site No.38 and the same was pending before the respondents. The petitioner further states that the petitioner has made several requests to the respondents seeking water supply connection and sewerage connection to his residential house but the respondent has not considered his request and not conducted an enquiry to his representations, but, without considering his request, the 2nd respondent is trying to give connection to the third respondent. Finally the petitioner has submitted a representation on 11.02.2024 seeking water supply connection and sewerage connection, but the respondents have not taken any steps. Hence, the writ petition.

3. Learned counsel for the petitioner would submit that pursuant to the order passed by this Court on 14.03.2025, Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) has been impleaded as fourth respondent in this writ petition vide order dated 22.04.2025 in WMP No.15768 of 2025. Learned counsel further submits that the petitioner has 3/6

also given a representation on 15.04.2025 requesting for water and sewerage connection.

4. Ms.K.Vasantha Mala, learned Standing Counsel takes notice for the fourth respondent/Chennai Metropolitan Water Supply and Sewerage Board.

5. Learned Standing Counsel for the fourth respondent submits that the representation of the petitioner dated 15.04.2025 will be considered on merits and in accordance with law within a time frame that may be stipulated by this Court.

6. Heard Both sides and perused the materials available on record.

7. The fourth respondent is directed to consider the representation of the petitioner dated 15.04.2025, after conducting a detailed enquiry by giving due notice to the petitioner as well as the third respondent, affording an opportunity of personal hearing to the petitioner and the third respondent, to take into consideration all the relevant documents submitted by both the parties and pass appropriate orders on merits, 4/6

in accordance with law thereby following the above principles of natural justice within a period of eight (8) weeks from the date of receipt of a copy of this order.

8. The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 22-04-2025 2/2 To

1. Tamil Nadu Water Supply And Sewerage Board Managing Director Twad Board No 31 Kamaraj Road Chepauk Chennai 600 005

2. Tamil Nadu Water Supply And Sewerage Board Depot No. 133 Rep By Its Assistant Engineer No 1 Bakthavachalam Street West Mambalam Chennai 33

3. A. Murugaiyan S/o Asakandan No 5-78 10th Avenue Nallankuppam Ashok Nagar Chennai 600 083

4. Chennai Metropolitan Water Supply and Sewerage Board, The Executive Engineer, CMWSSB, Chindataripet, Chennai 5/6

J.SATHYA NARAYANA PRASAD.J., sr WP NO. 13326 of 2024 and 2/2 22.04.2023 6/6