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Madras High CourtWP/38772/2024disposed of

J.Sujatha v. The Commissioner,

2025-02-25Honourable Mr Justice J.Sathya Narayana Prasad7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD S.Sujatha

...Petitioner

-Vs1.The Commissioner, Chennai Corporation, Ripon Maligai, Chennai - 600 003.

2.The Assistant Engineer, Chennai Metro Water Board, Arcot Road, Zone-11, Valasaravakkam, Chennai - 600 087.

3.The Chennai Metropolitan Water Supply And Sewerage Board, Head Office, No.1, Pumping Station Road, Chintadirpet, Chennai - 600 008.

4.The Divisional Engineer, Sewerage and Water Board, Chennai Corporation Office, Division - 145, No.6 Karunigar Nagar, Nerkundram, Chennai - 600 107.

...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus directing the respondents to consider the petitioner's representation dated 03.12.2024.

For Petitioner :

Mr.R.Bala Ramesh For Respondents 1 to 4 :

M/s.S.Vanitha Joice Rani, Standing Counsel

O R D E R

The petitioner has filed this writ petition to direct the respondents to consider the petitioner's representation dated 03.12.2024.

2. Learned counsel for the petitioner would submit that the petitioner's parents had jointly purchased the property on 24.06.1993 by registered sale deed vide document number 1855/1993 measuring to an extant 1216 sq.ft, before SRO at Virugambakkam, Chennai and enjoyed the same as absolute rights till their life time. The petitioner's father had executed his share by way of settlement deed by appointing his second wife Mrs.Kamala as guardian in favour of his second wife's daughter for the property ad measuring an extent of 608 sq.ft out of 1216 sqft vide Doc.No.2693 dated 10.05.2016 before the SRO at Virugambakkam and the 2/7

petitioner, enjoying the remaining extant of 608 sq.ft as a legal share and constructed the house. The petitioner approached the concerned authority to provide the sewerage and water connection to her house situated at door No.26 measuring to an extent of 608 Sqft comprised in S.No.289 with relevant documents and she has also made a representation dated 03.12.2024 to concern department to provide the connection, however, the same was not consider by the department. Hence, the petitioner has come forward with the present writ petition.

3. Learned standing counsel appearing for the respondents would submit that the petitioner has to approach the first respondent with all relevant documents for assessment of property tax in her name and thereafter, she has to submit an application before the third respondent for water connection.

4. Heard the learned counsel on either side and perused the materials available on record.

5. In view of the submission made by the learned counsel on either side, this Court issues the following directions: 3/7

(i) The petitioner is directed to submit an application before the first respondent by enclosing all the relevant documents including the settlement deed for assessment of property tax in her name. (ii) On receipt of such application, the first respondent may consider the same on merits, in accordance with law and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order.

(iii) After getting the property tax assessment from the first respondent, the petitioner is directed to approach the third respondent by way of submitting application for water connection. (iv) On receipt of such application, the third respondent is directed to consider the same on merits, in accordance with law, within a period of six weeks thereof.

6. This writ petition is disposed of with the aforesaid observation and directions. No costs.

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To:

1.The Commissioner, Chennai Corporation, Ripon Maligai, Chennai - 600 003.

2.The Assistant Engineer, Chennai Metro Water Board, Arcot Road, Zone-11, Valasaravakkam, Chennai - 600 087.

3.The Chennai Metropolitan Water Supply And Sewerage Board, Head Office, No.1, Pumping Station Road, Chintadirpet, Chennai - 600 008.

4.The Divisional Engineer, Sewerage and Water Board, Chennai Corporation Office, Division - 145, No.6 Karunigar Nagar, Nerkundram, Chennai - 600 107.

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J.SATHYA NARAYANA PRASAD, J.

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