Madras High Court
WP/44794/2016 of Five Star Apartments Owners Vs The Commissioner on 29 December 2016
COURT OF JUDICATURE AT MADRAS DATED : 29.12.2016 CORAM: THE
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.12.2016CORAM:
Five Star Apartments Owners' Welfare Association,Rep. by its President, Padi Kuppam Road,Anna Nagar West,Chennai-600 040. ... PetitionerVs.
1. The Commissioner, Greater Corporation of Chennai, Rippon Building, Chennai-600 003.
2. The Executive Engineer, Chennai Metro Water and Sewerage Supply Board, Area-VII, No.1, T.S.Krishna Nagar, Ambattur, Chennai-600 037.3. The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, Anna Nagar Division, Thirumangalam, Chennai-600 101.... Respondents Writ Petition filed under Article 226 of the Constitutionof India, praying for issuance of a Writ of Mandamus to directthe second respondent to forbear the third respondent fromgiving connection of the sewer line of 606 (MSB) flats of theTamil Nadu Government Residential Quarters constructed by thethird respondent at T.S.No.5 and S.No.172 part, 173 part ofPadi Village, by considering the representation of thepetitioner, dated 23.12.2016.
For respondents : Mr.V.C.Selvasekaran for R-1Mr.N.Ramesh for R-2
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ORDER
The prayer in this Writ Petition is for issuance of aWrit of Mandamus to direct the second respondent to forbearthe third respondent from giving connection of the sewer lineof 606 (MSB) flats of the Tamil Nadu Government ResidentialQuarters constructed by the third respondent at T.S.No.5 andS.No.172 part, 173 part of Padi Village, by considering therepresentation of the petitioner, dated 23.12.2016.
2. Even though the petitioner-Association has comeforward with the above prayer, since there is arepresentation, dated 23.12.2016 given by the petitioner-Association to the second respondent, without rendering anyfinding on the merits of the matter/plea raised by thepetitioner and taking into consideration the submissions madeon behalf of the respondents 1 and 2, and also taking note ofthe urgency in the matter, this Court directs the secondrespondent-CMWSSB to pass appropriate orders on the saidrepresentation, in accordance with law, on or before09.01.2017, after affording an opportunity of hearing to thepetitioner and any aggrieved parties, if any. It is open forthe members of the petitioner-Association to file any furthersubmissions/materials by way of further representation and themembers of the petitioner-Association shall also appear inperson before the second respondent-CMWSSB on or before03.01.2017 and ventilate their grievance before-ever the saidrepresentation, dated 23.12.2016 is disposed of. If themembers of the petitioner-Association fail to appear and makesubmissions on or before 03.01.2017, it is open for the secondrespondent to pass appropriate orders on the saidrepresentation, dated 23.12.2016 in accordance with law, basedon the materials available before them.
3. With the above observations and directions, the WritPetition is disposed of. No costs. W.M.P. is closed.
cs
To
1. The Commissioner, Greater Corporation of Chennai, Rippon Building, Chennai-600 003.
2. The Executive Engineer, Chennai Metro Water and Sewerage Supply Board, Area-VII, No.1, T.S.Krishna Nagar, Ambattur, Chennai-600 037. Chennai Metro Water and Sewerage Supply Board, Area-VII, No.1, T.S.Krishna Nagar, Ambattur, Chennai-600 037.
3. The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, Anna Nagar Division, Thirumangalam, Chennai-600 101. Tamil Nadu Housing Board, Anna Nagar Division, Thirumangalam, Chennai-600 101.
+1cc to Mr.N.Ramesh, Advocate, S.R.No.76467+1cc to Mr.K.Elango, Advocate, S.R.No.76466
W.P.No.44794 of 2016SKV(CO)CA(30.12.2016)