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Madras High CourtWP/4057/2024dismissed

Karate Karrthi v. The State Rep. By

2024-04-16Honourable Mr Justice S.M. Subramaniam6 pages

2024:MHC:1816

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16-04-2024

CORAM

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM Mr.Karate Karrthi .. Petitioner in both WPs -vs1.The State Represented by :

The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, Tamil Nadu-600 002.

2.The State Represented by:

Deputy Area Engineer - 32, Chennai Metropolitan Water Supply and Sewerage Board,

3.The State Represented by:

The Inspector of Police, T4 Maduravoyal Police Station, 4.Venkatesan .. Respondents in both WPs WP No.4057 of 2024 is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to take action against the fourth respondent in connection with the complaint dated 15.05.2023 lodged by the petitioner to the respondents 1 and 2.

WP No.1177 of 2024 is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to take action against the fourth respondent in connection with the complaint dated 05.05.2023 lodged by the petitioner to the respondents 1 and 2.

For Petitioner in both WPs:

Mr.Prakash Goklaney For Respondents-1 and 2 in both Wps :

Ms.K.Vasanthamala For Respondent-3 in both WPs :

Mr.S.Vinothkumar, Government Advocate (Criminal Side).

For Respondent-4 in both Wps :

Mr.N.V.V.Krishna C O M M O N O R D E R WP No.4057 of 2024 has been instituted to direct the respondents 1 and 2 to take action against the fourth respondent in connection with the complaint dated 15.05.2023 lodged by the petitioner.

2. WP No.1177 of 2024 has been instituted to direct the respondents 1 and 2 to take action against the fourth respondent in connection with the complaint dated 05.05.2023 lodged by the petitioner.

3. The petitioner is the practicing lawyer and submitted his complaints to the respondents 1 and 2 respectively on 15.05.2023 and 05.05.2023, stating that sewage connection has been illegally connected with the pipeline of Mr.Nagarajan's sewage pipeline.

4. It is not in dispute between the parties that the civil suits are pending before the Sub Court, Poonamallee in OS Nos.39 of 2015 and 17 of

2022.

5. The above two civil suits are pending before the Competent Civil Court of Law. The petitioner has to crystallise his civil rights for the purpose of redressing his grievances with the respondents 1 and 2, Chennai Metropolitan Water Supply and Sewerage Board. The respondents 1 and 2 cannot decide the civil rights of the petitioner based on his representation.

6. Once it is brought to the knowledge of the Authorities that the civil disputes are pending between the parties, they are bound to relegate them to approach the Competent Civil Court of Law for the purpose of resolving their issues.

7. In view of the fact that disputes of civil nature are pending between the parties, the Authorities may not be in a position to consider the complaint/ representation given by the petitioner. Thus the petitioner is at liberty to adjudicate the issues in the civil suits and after disposal of the civil litigations and reaching its finality, he is at liberty to approach the Authorities along with all necessary documents.

8. With the above liberty, both the writ petitions stand dismissed. However, there shall be no order as to costs. 16-04-2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn To 1.The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, Tamil Nadu-600 002.

2.The Deputy Area Engineer - 32, Chennai Metropolitan Water Supply and Sewerage Board,

S.M.SUBRAMANIAM, J.

Svn 3.The Inspector of Police, T4 Maduravoyal Police Station, WPs 4057 and 1177 of 2024 16-04-2024