?IN THE HIGH COURT OF JUDICATURE AT MADRAS %DATED: 29/04/2011 *CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR +WP.8690 of 2011 #Daniel Samuel $CMWSSB !FOR PETITIONER : K.J.Rebello ^FOR RESPONDENT : G.S.Mohan :ORDER
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.4..2011
CORAM:
THE HONOURABLE MR. JUSTICE R.SUDHAKAR
W.P. No. 8690 of 2011
…….
Daniel Samuel .. Petitioner
Vs.
1 MANAGING DIRECTOR
CHENNAI METROPOLITAN WATER SUPPLY AND
SEWERAGE BOARD,
NO.1 PUMPING STATION ROAD,
CHINTADRIPET, CHENNAI 2.
2 THE AREA ENGINEER
CHENNAI METROPOLITAN WATER SUPPLY AND
SEWERAGE BOARD, AREA IX,
NO.15 V.V.KOIL STREET,
SAIDAPET, CHENNAI 15.
3 THE ASSISTANT ENGINEER
CHENNAI METROPOLITAN WATER SUPPLY AND
SEWERAGE BOARD, DIVISION 139,
NO.384 ANNA SALAI,
SAIDAPET, CHENNAI 15.
4 THE MEMBER SECRETARY
CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY
THALAMUTHU NATARAJAN BUILDING,
GANDHI IRWIN ROAD,
EGMORE, CHENNAI 8. … Respondents
Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to provide Metro Water and Sewerage Connection for property situate at Door No.1 West mada Street, Srinagar Colony, comprised in old T.S.No.12/2 New T.S.No.12/60 Block No.4 Venkatapuram Village, Saidapet, Chennai 15, measuring an extent of 2.217 grounds within a time to be fixed by this Court without insisting on the Completion Certification from the 4th respondent.
For Petitioners : Mr K.J.Rebello
For Respondents : Mr G.S.Mohan - R1 to R3
Mr. C. Kathiravan - R4
ORDER
This writ petition is filed to direct the respondents 1 to 3 to provide Metro Water and Sewerage Connection for property situate at Door No.1 West mada Street, Srinagar Colony, comprised in old T.S.No.12/2 New T.S.No.12/60, Block No.4 Venkatapuram Village, Saidapet, Chennai 15, measuring an extent of 2.217 grounds within a time to be fixed by this Court without insisting on the Completion Certification from the 4th respondent.
2. In view of the Division Bench order passed earlier, the fourth respondent was called upon to inspect the premises and give a report as to whether there are major violations in the construction. On a direction by this Court, the property was inspected and a report has been filed by the fourth respondent. On a perusal of the report, it appears to be some deviation which is minimal and marginal. The fourth respondent is at liberty to proceed against the petitioner for the violation in accordance with law. However, the respondents 1 to 3 are directed to provide electricity service connection if the application is otherwise in order.
3. The writ petition is allowed as above . No costs.
29.04.2011
ra
Index: /No
Internet: Yes/
Note: Issue on 1.6.2011.
To
1 MANAGING DIRECTOR
CHENNAI METROPOLITAN WATER SUPPLY AND
SEWERAGE BOARD,
NO.1 PUMPING STATION ROAD,
CHINTADRIPET, CHENNAI 2.
2 THE AREA ENGINEER
CHENNAI METROPOLITAN WATER SUPPLY AND
SEWERAGE BOARD, AREA IX,
NO.15 V.V.KOIL STREET,
SAIDAPET, CHENNAI 15.
3 THE ASSISTANT ENGINEER
CHENNAI METROPOLITAN WATER SUPPLY AND
SEWERAGE BOARD, DIVISION 139,
NO.384 ANNA SALAI,
SAIDAPET, CHENNAI 15.
4 THE MEMBER SECRETARY
CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY
THALAMUTHU NATARAJAN BUILDING,
GANDHI IRWIN ROAD,
EGMORE, CHENNAI 8.
R. SUDHAKAR,J.,
ra
WP No. 8690 of 2011
Date: 29.04.2011
W.P.No.8690 of 2011
R.SUDHAKAR,J.
This case has been disposed of on 29.4.2011. Today this matter is listed under the caption “for being mentioned” at the instance of the learned counsel for the petitioner.
2. The prayer in the writ petition is to grant water supply and sewerage connection. However, while typing the order it has been wrongly typed as “to provide electricity service connection”. This is purely due to typographical error. Accordingly, paragraph 2 will be read as follows:-
“2. In view of the Division Bench order passed earlier, the fourth respondent was called upon to inspect the premises and give a report as to whether there are major violations in the construction. On a direction by this Court, the property was inspected and a report has been filed by the fourth respondent. On a perusal of the report, it appears to be some deviation which is minimal and marginal. The fourth respondent is at liberty to proceed against the petitioner for the violation in accordance with law. However, the respondents 1 to 3 are directed to provide water and sewerage connection, if the application is otherwise in order.”
13.6.2011
Office to note:-
“Issue a copy of revised order
on or before 14.6.2011”
ts
R.SUDHAKAR,J.
ts
Order in
W.P.No.8690 of 2011
13.6.2011