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Madras High CourtWP/37708/2025disposed of

Pbel City Chennai Apartment v. The District Collector

2025-11-03Honourable Mr.Justice V. Lakshminarayanan9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2025 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN PBEL City Chennai Apartment Owners Association (PCCAOA), Phase - I, PBEL City, 1/212, Thaiyur B Village, Old Mamallapuram Road, Kelambakkam PIN 603 103.

Rep. By Secretary, Jebahar Deva Dhason .. Petitioner vs 1.The District Collector, Chengalpattu District, At:- District Collector Office, Grand Southern Trunk Road, Chengalpattu, Venbakkam, Pin - 603 111.

2.The Block Development Officer, Thiruporur Taluk, P 59, Thandalam, Thiruporur, Pin - 603 110.

3.The President, Thaiyur Panchayat Union, Thavesh Avenue, Pudupakkam, Pin - 603 103.

4.The Divisional Engineer, Construction and Maintenance, State Highways Department, Chengalpattu Division.

(R4 suo motu impleaded vide order dated 15.10.2025 by VLNJ) .. Respondents 1/9

Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to consider petitioner representation dated 1.09.2025 and to initiate urgent measures in provide us with proper storm water drainage connecting to the public drainage infrastructure and safeguard our community premises from further floods.

For Petitioner :

Mr.R.Abdul Mubeen for Mr.J.Brezhnev For Respondents :

Mr.L.S.M.Hasan Fizal AGP for R1 & R4 Mr.C.Selvaraj, AGP for R2 Mr.B.Sudharshanam for R3

ORDER

The writ petitioner preferred this writ petition seeking for a direction to provide proper storm water drainage connection for the apartment complex under the name and style 'PBEL City Chennai Apartment'. The storm water drainage connection they sought for, was to the public drainage infrastructure currently existing in the Old Mahabalipuram Road.

2.

The writ petition suffered several adjournments to enable the respondents to get instructions. On the representation 2/9

of Mr.Hasan Fizal, that the authority who has to make appropriate arrangements for storm water drain is the fourth respondent, a direction was given to the fourth respondent to inspect the property concerned and to state as to how long the said authority will take for providing a proper infrastructure for drainage of the storm water collected in the writ petitioner's premises.

3.

When the matter was called today, a report of the Divisional Engineer (H) Construction and Maintenance, Chengalpattu dated 31.10.2025 was produced by Mr.Hasan Fizal. The report states that a joint inspection was conducted by the fourth respondent together with the Block Development Officer of Tiruporur, the President of the Thaiyur Panchayat, a representative of the writ petitioner, as well as the original developer / PBEL. The inspection took place at around 12 noon on 31.10.2025. The scanned inspection report is extracted hereunder:- 3/9

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4.

In terms of this report, it has been found that the internal storm water drainage system of PBEL City premises is inadequate and insufficient to dispose of the accumulated water. It also records that the builder / PBEL has agreed to undertake a hydrological survey and to upgrade the internal drain network to handle higher volumes of the run off. The fourth respondent has identified the co-ordinates of a particular point for connecting the internal drain with the nearest public earthen drain belonging to the local body. He has also expressed the technological inability to connect the storm water drain of the writ petitioner's premises, with the drainage maintained along OMR, as the OMR is 1.91 meters higher than the finalised disposal point. 5.

When this aspect was pointed out to Mr.Mubeen, he states that the statement of the builder, that he will undertake to improve the internal storm water drains system, may be recorded, and in case, it is not so executed, he states that the petitioner association will do the needful. Once the internal storm water drainage is strengthened to handle higher volumes, respondent Nos. 2 and 3 shall ensure the connection at the point identified by the fourth respondent.

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6.

Recording the same, the writ petition stands disposed of. No costs.

03.11.2025 Index:Yes/No ssm To 1.The District Collector, Chengalpattu District, At:- District Collector Office, Grand Southern Trunk Road, Chengalpattu, Venbakkam, Pin - 603 111.

2.The Block Development Officer, Thiruporur Taluk, P 59, Thandalam, Thiruporur, Pin - 603 110.

3.The President, Thaiyur Panchayat Union, Thavesh Avenue, Pudupakkam, Pin - 603 103.

4.The Divisional Engineer, Construction and Maintenance, State Highways Department, Chengalpattu Division.

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V. LAKSHMINARAYANAN, J., ssm 03.11.2025 9/9