Mrs.Sunita Ghurka v. The Assistant Engineer
IN THE HIGH COURT OF JUDICATUARE AT MADRAS
DATED: 24-08-2016
CORAM
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P.No.29152 of 2016 and WMP Nos.25198 & 25199 of 2016 Mrs.Sunita Ghurka ... Petitioner Vs
1. The Assistant Commissioner Chennai Metro Water Supply and Sewerage Board, Depot. 57, No.48, Govindappa Street, Chennai - 79.
2. The Secretary to Government, Housing & Urban Development Department, Fort St. George, Chennai - 600 009.
[R-2 suo moto impleaded as per order of this court dt.22.08.2016 in WP No.29152/2016] ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issue of writ of certiorari calling for the records of the respondent in its no.nil dated 10.08.2016 and quash the same. For Petitioner : Mr.V.Vijay Shankar For R.1 : Mr.G.Janakiraman For R.2 : Mr.T.M.Pappiah, Special Govt. Pleader for R2
O R D E R
The petitioner is one of the purchaser and occupier of the flat at No.121//11, Anna Pillai Street, Sowcarpet, Chennai -
79. The said flat consists of 15 apartments and the construction was made during the year 2006-2007. During the year 2015, CMDA issued a notice to the owners stating that there is deviation from the approved plan in the construction of the flat. The Association of the Apartment Owners namely Manibhadra Enclave Flat Owner's Association filed a revision petition under Section 80 of the Tamil Nadu Town and Country Planning Act before the second respondent herein and the same is pending.
2. When things stand so, the first respondent issued the impugned order on 10.08.2016 disconnecting the water service connection to the petitioner's apartment stating that disconnection is made in pursuant to the notice issued by the CMDA. Challenging the disconnection notice, the petitioner has come before this Court by way of this writ petition.
3. Heard Mr.V.Vijay Shankar, learned counsel appearing for the petitioner, Mr.G.Janakiraman, learned counsel appearing for the first respondent and Mr.T.M.Pappiah, learned Special Government Pleader appearing for the second respondent.
4. Mr.T.M.Pappiah, learned Special Government Pleader appearing for the second respondent would submit that the appeal filed by the Association under Section 80 of the Tamil Nadu Town and Country Planning Act is pending before the second respondent and the same would be disposed of within a period of four (4) weeks.
5. In view of the above, the second respondent is directed to dispose of the appeal filed by the above said association, within a period of four (4) weeks from the date of receipt of a copy of this order and file a report before this Court on 05.10.2016.
6. To safeguard the interest of the petitioner and fourteen other families living in the above said apartments, the first respondent is directed to restore the water supply connection to the above said apartments, within a period two (2) days from today, as the water is an essential commodity. By moulding the prayer, the above direction is given.
7. With the above direction, this writ petition is disposed of. No costs. Consequently, connected W.M.Ps are closed.
8. Post the matter on 05.10.2016.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar
To
1. The Assistant Commissioner Chennai Metro Water Supply and Sewerage Board, Depot. 57, No.48, Govindappa Street, Chennai - 79.
2. The Secretary to Government, Housing & Urban Development Department, Fort St. George, Chennai - 600 009.
+1 cc to M/s.V.Vijay Shankar Advocate sr 48320 W.P.No.29152 of 2016 aa12/09/2016