Madras Society For The Protection And Care Of Animals v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2025 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.RAJASEKAR Madras Society for the Protection and Care of Animals (Formerly known as Society for the Prevention of Cruelty to Animals, Madras) Rep by its Honorary Secretary and his Power of Attorney Mr.C.P.Achuthan No.67/34, Vepery High Road Chennai 600 007 ..

Appellant v.

1. The Managing director Chennai Metropolitan Water Supply and Sewerage Board No.1, Pumping Station Road Chintadripet Chennai 600 002

2. The Assistant Engineer (Depot) Chennai Metro Water and Sewerage Board Zone-V, Division-58 Whannels Road, Egmore Railway Station Chennai 600 008

3. The Area Engineer CMWSSB, Chennai 600 002 ..

Respondents Memorandum of Grounds of Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 05.08.2024 passed in W.P.No.11563 of 2024.

For Appellant ::

Mr.N.Sampath For Respondents ::

Mrs.K.Vasanthamala Standing Counsel

JUDGMENT

(Judgment of the Court was made by S.M.SUBRAMANIAM,J.) The writ order dated 05.08.2024 passed in W.P.No.11563 of 2024 is under challenge in the present writ appeal. The writ petitioner is the appellant before this Court. The writ petition came to be instituted to dispose of the application submitted by the appellant seeking water and sewerage connections. The appellant constructed the buildings unauthorisedly and enforcement actions were initiated. The appellant preferred an appeal before the Government, which is admittedly pending. Since appeal was pending before the Government, the authorities have not disposed of the application. The learned single Judge also made a finding

that the appellant shall submit an application afresh after disposal of the appeal by the Government. Unless the right of the appellant has been crystallized in the appeal, which is pending before the Government, the authorities cannot entertain the application. Thus the findings and the liberty granted by the writ Court are in consonance with the principles and no further interference is called for. Consequently, the writ appeal stands dismissed. No costs.

Index : yes (S.M.S.,J.) (K.R.S.,J.) 22.04.2025 ss To

1. The Managing director Chennai Metropolitan Water Supply and Sewerage Board No.1, Pumping Station Road Chintadripet, Chennai 600 002

2. The Assistant Engineer (Depot) Chennai Metro Water and Sewerage Board Zone-V, Division-58 Whannels Road, Egmore Railway Station Chennai 600 008

3. The Area Engineer CMWSSB Chennai 600 002

S.M.SUBRAMANIAM,J.

AND K.RAJASEKAR,J.

ss 22.04.2025