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Madras High CourtWP/21076/2019closed

C.Chellappa v. The Commissioner

2022-04-05Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.21076 of 2019 C.Chellapa

...Petitioner

Vs.

1. The Commissioner Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2. The Assistant Commissioner (Zone-III) Greater Chennai Corporation Madhavaram Chennai - 600 060.

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

4. The Area Officer - III Cheanni Metropolitan Water Supply and Sewerage Board No.1, Perumal Koil Street Madhavaram Chennai - 600 060.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to provide Under Ground Drainage Connection to the Petitioner's house which will be benefited to other houses in Kanchi Ponnusamy Garden, Tabalpetti, Madhavaram, Ward No.31, Zone.III, Greater Chennai Corporation within a stipulated time, based on the petitioner's representations dated 22.07.2014, 01.07.2016, 27.04.2018.

For Petitioner : Mr.A.Suresh Sakthi Murugan For Respondents : Mr.M.Vijayakumar R-3 & 4

O R D E R

The petitioner is a resident in the layout in Kanchi Ponnusamy Garden, Tabalpetti, Madhavaram, ('layout', in short). The layout fell previously under the ambit of the Madhavaram Municipality and now, after merger of the Municipality with the Greater Chennai Corporation falls within the cover of Ward No.31, Zone.III of the Corporation. He seeks a direction to the respondents to provide underground Drainage Connection and states that he has made several representations to the respondents in this regard.

2. Neither in the counter nor in the oral submissions do the learned counsel for the respondents dispute or deny the claim of the petitioner. They would only submit that the process is on-going.

3. It appears that the project is gaining momentum by virtue of the recent launch of project, 'Atal Mission for Rejuvenation and Urban Transformation' (AMRUT Project) initiated by the Centre on 01.10.2019. In counter filed by the 3rd and the 4th respondents, they state that the project is being implemented in phases and upon grant of approval for Ward No.31, work in relation to the sewer connection as sought for by the petitioner will be taken up and completed as expeditiously as possible.

4. Paragraph 4 of the Counter, to the extent to which it is relevant, is extracted below:- " It is submitted that the Petitioner's Representation presented was taken up for consideration by the Corporation and found the relief is with the Chennai Metro Water Supply and Sewerage Board which, fact and position was explained by this Respondent Officials to the petitioner that the underground drainage connection should be provided by the Chennai Metro Water Supply and Sewerage Board."

5. This is recorded, with the fond hope that the project not remain just on paper and a 'pipe' dream, but is implemented in real, at the very earliest. This writ petition stands closed as above. No costs.

Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar

nst/sl To

1. The Commissioner Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2. The Assistant Commissioner (Zone-III) Greater Chennai Corporation Madhavaram Chennai - 600 060.

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

4. The Area Officer - III Cheanni Metropolitan Water Supply and Sewerage Board No.1, Perumal Koil Street Madhavaram Chennai - 600 060.

+1cc to Mr.A.Suresh Sakthi Murugan, Advocate SR.No.24274 +1cc to M/s.Karthikaa Ashok, Advocate SR.No.23099 W.P.No.21076 of 2019 PL(CO) CB(21/04/2022)