Sabari Constructions And Housing Private Limited v. Area Engineer Vi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 2/2/2023 C O R A M THE HONOURABLE Mr.JUSTICE N. SATHISH KUMAR Sabari Construction and Housing Private Limited rep. By its Managing Director Mr.C.Thambi Kalaignan Chennai 600 040.
...
Petitioner Vs
1. Area Engineer VI 3 Vadivelu II Cross Street Perambur Chennai 600 011.
2. The Managing Director
3. The Superintendent Engineer Page No:1/6
4. The Chief Engineer ...
Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records of the first respondent leading to issuance of order, dated 29/7/2022 vide Letter No.CMWSSB/Area VI/DAE17/Depot 74 (1)/SPL/2022 and quash the same and direct the respondent to find its damage and repair the pipes immediately or relocate the pipe passing through the petitioner's property. For Petitioner ...
Mr.Najeeb Usman Khan For respondents ...
Mrs.Vasanthamalai - - - - -
O R D E R
This writ petition has been filed to quash the order passed by the first respondent leading to issuance of order, dated 29/7/2022, vide Letter No.CMWSSB/Area VI/DAE17/Depot 74 (1)/SPL/2022 and direct the respondents to find its damage and repair the pipes immediately or relocate the pipe passing through the petitioner's property.
2. The case of the petitioner is that they are the owner of the property Page No:2/6
and petitioner's land was approved by CMDA, vide planning permit No.PP/NHRB/123/2022. The building permit was obtained from the Corporation vide No.CEBA/WDC No.06/00169/2022. At the time of laying the foundation stone, the petitioner was shocked and surprised to notice a big pipe running through the entire property about 10 feet below the ground level. The petitioner, on noticing the pipeline and leakage, contacted Chennai Metropolitan Water Supply and Sewerage Board to come and inspect the site. The officials visited the site and noticed the leakage from the pipe. However, officials have not taken any steps to arrest the leakage and on the contrary, they issued interim notice, demanding Rs.13,49,000/-. Being aggrieved, the petitioner has come forward with the instant writ petition.
3. Heard Mr.Najeeb Usman Khan, learned counsel for the petitioner and Mrs.Vasanthamala for the respondents.
4. This Court, vide, order, dated 10/1/2023, directed the respondents to set right the leakage and report before this Court.
5. Pursuant to the above direction, today, when the matter is taken up Page No:3/6
for hearing, learned counsel appearing for the respondents, on instruction submitted that repair work is already completed and hence, they will not insist the amount demanded in the impugned notice, dated 29/7/2022.
6. Learned counsel further submitted that there was an arrangement between the petitioner and respondents to share the labour and other things in respect of future leakage. Submission of the learned counsel is recorded.
7. In such a view of the matter, the petitioner and respondents shall make arrangement in sharing the expenses to set right any leakage in future.
8. In view of the above, this writ petition is closed. No costs. 2/2/2023 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.
Page No:4/6
To
1. Area Engineer VI 3 Vadivelu II Cross Street Perambur Chennai 600 011.
2. The Managing Director
3. The Superintendent Engineer
4. The Chief Engineer N. SATHISH KUMAR, J Page No:5/6
mvs.
W.P.No.33395 of 2022 2/2/2023 Page No:6/6