U.S.Apartment Owners Assn. v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR U.S.Apartment Owners Association East Tambaram, Rep. By Its Secretary Mr.Pitchandi, 262/170, Velahcerry Main Road East Tambaram Chennai-600059.

...Petitioner

Vs.

1. The District Collector Kancheepuram District Kancheepuram.

2 The Commissioner Tambaram Municipality Chennai.

3 The Deputy Commissioner Of Police O/o. Deputy Commissioner Of Police St. Thomas Mount Chennai-16.

4 The Inspector Of Police Selaiyur Chennai-73.

5 Khimraj Jain ... Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus to direct the respondents 1 to 4 to dispose our representation dated 30.11.2013 and to take action against the fifth respondent and allow the petitioner to clean the sump and maintain the same enabling them to get clean water.

For Petitioner : Mr.R.Sesubalan Raja For Respondents : Mr.N.Naveenkumar, Govt. Advocate for R1,3 and 4 Mr.P.Srinivasa for R2 Mr.A.Palaniappan for R5

O R D E R

Writ Petition is filed seeking to direct the respondents 1 to 4 to dispose our representation dated 30.11.2013 and to take action against the fifth respondent and allow the petitioner to clean the sump and maintain the same enabling them to get clean water.

2. It is the case of the writ petitioner that sump of the apartments situated in the land of the 5th respondent and he is not allowing to clean it. Therefore, the representation has been given to take action against the 5th respondent.

3. Learned counsel appearing for the 4th respondent filed a report that both parties are enquired and 5th respondent has agreed to handover the key to clean the sump and there is no issue between the parties.

4. Learned counsel appearing for the 5th respondent would submit that Civil Suit is already filed by the petitioners association which came to be dismissed for default. In such view of the matter as the report of the Inspector indicate that there is no issue and parties arrived at some settlement, there cannot be any further directions.

5. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 15.12.2022 kpr Internet:Yes Speaking/non-speaking order

To

1. The District Collector Kancheepuram District Kancheepuram.

2 The Commissioner Tambaram Municipality Chennai.

3 The Deputy Commissioner Of Police O/o. Deputy Commissioner Of Police St. Thomas Mount Chennai-16.

4 The Inspector Of Police Selaiyur Chennai-73.

N. SATHISH KUMAR, J.

kpr 15.12.2022