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Madras High CourtWP/19658/2016disposed of

Syedha Shazia Anjum, v. The Managing Director,

2016-06-13Honourable Mr Justice N. Kirubakaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 13.06.2016 Coram:

The Hon'ble Mr.Justice N.KIRUBAKARAN Writ Petition Nos.19658 & 19659 of 2016 Syedha Shazia Anjum

...Petitioner in both

Petitions Vs.

1. The Managing Director, Chennai Metropolitan Water Supply & Sewerage Board, No.1, Pumping Station Road, Chennai - 600 002.

2. The Area Engineer, Division No.58, Chennai Metropolitan Water Supply & Sewerage Board, No.1, M.C. Road, Egmore, Chennai - 600 008. ... Respondents 1&2 in W.P.19658/2016

1. The Chairman, TANGEDCO, Anna Salai, Chennai - 600 002.

2. The Assistant Executive Engineer, O & M/ Periamet, CEDC/Central, TANGEDCO, Chennai - 600 007.

... Respondents 1 & 2 in W.P.19659/2016 Writ Petitions filed under Article 226 of the Constitution of India, seeking for the issue of a Writ of Mandamus directing the respondents to consider petitioner's representation dated 25.04.2016 in pursuance to provide water, sewerage and electricity connections to the petitioner's property situated at No.34/5, (62/A), E-Block, Samy Pillay Street, Chandralok Apartment, Choolai, Chennai - 600 112.

For Petitioner ..

Mr.K.P.Chandrasekaran For Respondents in W.P.19658/2016 ..

Mr.G.Janakiraman For Respondents in W.P.19659/2016 .. Mr.P.R.Dhilipkumar COMMON ORDER The petitioner is the owner of the property bearing No.34/5, (62/A), E-Block, Samy Pillay Street, Chandralok Apartment, Choolai, Chennai - 600 112. The original owner developed the property into different apartments and handed over to various persons. The main gate of the apartment is situated at Backer's Street and it goes to 'L' shape and ends in Sydenhams Road. While constructing the apartments electrical and drainage connections were taken from Backer's Street. At the time of putting up construction of flat in the petitioner's property, there was no construction of building in Sami Pillai Street and therefore, water, sewerage and electricity connections were taken from Sami Pillai Street.

Now constructions have come up in Sami Pillai Street and there is no egrees and engress to get water, sewerage and electricity connections through Sami Pillai Street. Therefore, the petitioner sought for water, sewerage and electricity connections through the Sydenhams Road. Since the said request was not considered, the petitioner is before this Court.

2. Heard Mr.K.P.Chandrasekaran, learned counsel for the petitioner and Mr.G.Janakiraman, learned counsel appearing for the respondents in W.P.No.19658/2016 and Mr.P.R.Dhilipkumar, learned counsel appearing for the respondents in W.P.No.19659/2016 .

3. The documents filed before this Court would show that the petitioner is the owner of the property bearing No.34/5, (62/A), E-Block, Samy Pillay Street, Chandralok Apartment, Choolai, Chennai - 600 112, by virtue of a sale deed dated 10.10.2013. Assessment also has been made for the said property. Since the petitioner is applying for water, sewerage and electricity connections from Sydenhams Road, both the Water Supply and Sewerage Board as well as the Electricity Board have to take steps to provide water, sewerage and electricity connections to the petitioner's flat according to law.

4. In this regard, the petitioner is directed to give application with all details to both Water Supply and Sewerage Board as well as to the Electricity Board within a period of two weeks from the date of receipt of copy of this order and on receipt of such representation, the Water Supply and Drainage Board as well as the Electricity Board are directed to pass appropriate orders on merits on the claim made by the petitioner within a period of four weeks thereafter. Both the writ petitions are disposed of accordingly. No costs. -s/dAssistant Registrar(CSVI) True Copy Sub-Assistant Registrar gr.

To

1. The Managing Director, Chennai Metropolitan Water Supply & Sewerage Board, No.1, Pumping Station Road, Chennai - 600 002.

2. The Area Engineer, Division No.58, Chennai Metropolitan Water Supply and Sewerage Board, No.1, M.C. Road, Egmore, Chennai- 600 008.

3. The Chairman, TANGEDCO, Anna Salai, Chennai - 600 002.

4. The Assistant Executive Engineer, O & M/ Periamet, CEDC/Central, TANGEDCO, Chennai - 600 007.

+1 cc to Mr.K.P.Chandrasekaran Advocate sr.31862 W.P.Nos.19658 & 19659 of 2016 nr(co) aa22/06/2016