IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 18-08-2008 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.2161 of 2001 P.Anjalatchi .. Petitioner. Versus 1.The Chairman, Chennai Metro Water Supply and Drainage Board, Chinthadripet, Chennai-600 002. 2.The Assistant Executive Engineer, Division No.149, Area-10, Mandaveli, Chennai-600 028. 3.The Divisional Engineer, Area-10, Chennai Metro Water Supply and Drainage Board, 42, First Main Road, Indira nagar, Chennai-600 020. 4.Pattammal 5.Nagammal 6.Munusamy 7.Raju 8.Muruganandam .. Respondents. Prayer: This petition has been filed seeking for a writ of Mandamus, directing the respondents 1 to 3 to remove the unauthorised installations of hand pumps on Salaiyar Lane directly on the main connection outside the houses of 22,23, 23A, 25 and 26 in Salaiyar Lane, Raja Gramani Thottam, Chennai 600 028. For Petitioner : Mr.J.R.K.Bhavanatham For Respondents : Mr.G.S.Mohan (R1 to R3) Mr.S.Kumaradevan (R4 to R8) O R D E R
Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.
2. The petitioner has stated that she is the owner of the premises bearing No.19, Salaiyar Lane, Raja Gramini Thottam, Chennai-28. She had obtained water supply and Sewage connections from the respondents, 12 years ago. The residents in the said lane have no direct access to Salaiyar, lane except through a common pathway. There are four houses on either side of the common pathway. The electricity, water supply and drainage connection lines are laid through the common pathway having access to Salaiyar Lane. The septic tanks are sunk in the said common pathway opposite to the houses.
3. It has also been stated that the common pathway is used only for ingress and egress and for maintaining the pipes and drains and other installations beneath the said pathway. The pathway is about 3 to 4 feet in width and it is not of a uniform nature. The respondents 4 to 8, who were impleaded as per the order of this Court, dated 19.03.2001, made in W.M.P.No.4467 of 2001, have been causing public nuisance by putting up unauthorised constructions and by installing hand pumps on Salaiar Lane, directly on the main connection outside their houses, bearing Door Nos.22, 23, 23A, 25 and 26. In spite of several representations and complaints having been made to the respondents 1 to 3, no action has been taken against the respondents 4 to 8, for removing the installation of hand pumps in the common pathway. In such circumstances, the petitioner has filed the present writ petition, before this Court, under Article 226 of the Constitution of India.
4. A counter affidavit has been filed on behalf of the respondents 1 to 3 stating that as per the records available, the water supply and drainage service have been given by the Chennai Metropolitan Water Supply and Sewerage Board from the water/sewer main in Salaiyar Street only up to the entrance of the common pathway. The petitioner had given representations, dated 21.02.2000 and 1.3.2000, to remove the hand pumps installed in the common pathway abutting the houses of the respondents 4 to 8. Since it is a private common pathway, the respondents 1 to 3 have no right to enter and remove the hand pumps installed therein. The respondent Board had given connection up to the compound wall of the premises. Since the dispute is between the petitioner and the respondents 4 to 8, it is to be settled amongst them by way of appropriate civil proceedings, as the respondent Board has no authority or jurisdiction to interfere in their disputes.
5. Considering the submissions made on behalf of the petitioner, as well as the respondents and on a perusal of the records available, it is clear that the Chennai Metropolitan Water Supply and Sewerage Board, has no powers to remove the installations made by respondents 4 to 8 in the common pathway in question. Since it is a matter pertaining to a dispute between the petitioner on the one hand and the respondents 4 to 8 on the other, it is not proper for the petitioner to settle it by way of a writ petition filed, under Article 226 of the Constitution of India. It is open to the petitioner to settle the disputed issues by way of appropriate civil proceedings in the manner known to law. In such view of the matter, the writ petition is liable to be dismissed. Hence, the writ petition is dismissed. No costs.
csh
To
1.The Chairman,
Chennai Metro Water Supply and
Drainage Board, Chinthadripet,
Chennai-600 002.
2.The Assistant Executive Engineer,
Division No.149, Area-10,
Mandaveli, Chennai-600 028.
3.The Divisional Engineer,
Area-10, Chennai Metro Water Supply
and Drainage Board,
42, First Main Road, Indira Nagar,
Chennai 600 020
[ PRV / 15862 ]