Mr.Akbar Ali Dhala v. The Chennai Metropolitan Water Supply And Sewerage Board

W.M.P.Nos.18618 & 11521 of 2024 in W.P.No.10513 of 2024 SENTHILKUMAR RAMAMOORTHY,J In W.M.P.No.18618 of 2024, the petitioner seeks an interim direction for the restoration of water supply to the petitioner's premises at Old Door No.120, New No.133, Wallaja Road, Anna Salai Post Office, Chennai 600 002 with CMC No.05/059/04826/000. At the last hearing, learned standing counsel for CMWSSB was directed to file an affidavit stating as to whether the petitioner had a water connection. Such counter affidavit was filed today. In paragraph 6 thereof, in relevant part, it is stated as under: "As there was no water connection to the writ property as per the records, but water connection was existing, the Board has disconnected the illegal water connection while on attending the routine operational and maintenance (O & M) works on 13.06.2024 and the petitioner has filed this miscellaneous petition seeking orders for restoration of illegal water service connection pending disposal of writ petition."

2. The above extract discloses clearly that the water connection was disconnected on 13.06.2024 on the basis that such connection was illegal. The counter does not contain any details of a prior notice. Learned counsel for the petitioner submits that no prior 1/2 https://www.mhc.tn.gov.in/judis

SENTHILKUMAR RAMAMOORTHY,J rna notice was issued and that the water connection was disconnected abruptly, thereby disrupting the activities of the petitioner. The Chennai Metropolitan Water Supply and Sewerage Act, 1978 confers the power to cut off water supply subject to compliance with notice and other requirements. Since the CMWSSB disconnected an existing water supply on 13.06.2024 without complying with the statutory prescription in such regard, the petitioner is entitled to restoration of such water connection.

3. Therefore, W.M.P.No.18618 of 2024 is allowed by directing CMWSSB to restore the water connection within forty eight hours of the receipt of a copy of this order. It is, however, open to the CMWSSB to initiate action in accordance with law if such connection is unauthorized.

4. List W.P.No.10513 of 2024 on 07.08.2024. The interim order issued earlier in W.M.P.No.11521 of 2024 is extended until the next date of hearing.

10.07.2024 rna W.M.P.Nos.18618 & 11521 of 2024 in W.P.No.10513 of 2024 2/2 https://www.mhc.tn.gov.in/judis