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Madras High CourtWP/30450/2015disposed of

K.Sarangadass v. The Managing Director

2016-03-07Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 07-03-2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.30450 OF 2015 K.Sarangadass ...

Petitioner -vs1.The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Plumbing Station Road, Chintadripet, Chennai-600 002.

2.The Area Manager, Area Office III, Chennai Metropolitan Water Supply and Sewerage Board, No.3, Vadivelu II Cross Street, Perambur, Chennai-600 011.

3.The Assistant Engineer, Chennai Metropolitan Water Supply and Sewerage Board, Ward No.72-73, Thirvenkada Saami Street, Puliyanthoppu, Chennai-600 012.

...

Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents to consider the petitioner's representation, dated 28.07.2015, to shift the water tank from No.2/52, Venkatesapuram, New Colony, II Street, Kanikapuram, Chennai12, where it is presently located to any appropriate place to stop the damages causing to the petitioner's house property. For petitioner : Mr.RA.Amardeep For respondents : Mr.Janakiraman, Standing Counsel.

O R D E R

Mr.Janakiraman, learned Standing Counsel, accepts notice on behalf of the respondents.

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2. Petitioner seeks for a mandamus to consider his representation and shift the Water Tank, established by the respondent Board, to provide water to the local public at Kanikapuram, Chennai-600 012.

3. It appears, the petitioner's house is located adjoining a water tank and, therefore, the water overflowing from the tank and due to seepage is causing dampness to the walls of his house, thereby damaging the house.

4. However, issues of this kind cannot be adjudicated in the writ petition and, therefore, it is appropriate for the petitioner to follow up the representation before the second respondent, who shall consider the same in accordance with law within three weeks from the date of receipt of this order.

5. Writ Petition is dismissed accordingly. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar dixit To 1.The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Plumbing Station Road, Chintadripet, Chennai-600 002.

2.The Area Manager, Area Office III, Chennai Metropolitan Water Supply and Sewerage Board, No.3, Vadivelu II Cross Street, Perambur, Chennai-600 011.

3.The Assistant Engineer, Chennai Metropolitan Water Supply and Sewerage Board, Ward No.72-73, Thirvenkada Saami Street, Puliyanthoppu, Chennai-600 012.

+1 cc to M/s.Tamizh Law Firm, Advocate, sr.14884 W.P.No.30450 OF 2015 msm co, kra 23.03.2016 https://hcservices.ecourts.gov.in/hcservices/