Madras High Court
Chennai Metropolitan Water ... vs State Bank Of India on 21 December, 2021
Writ Appeal No.189 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2021
CORAM :
THE HON'BLE MR. JUSTICE M. DURAISWAMY
AND
THE HON'BLE MR. JUSTICE J. SATHYA NARAYANA PRASAD
Writ Appeal No.189 of 2013
and
M.P.No.1 of 2013
Chennai Metropolitan Water Supply
and Sewerage Board,
Represented by its Managing Director,
No.1, Pumping Station Board,
Chintadripet,
Chennai – 600 002. ... Appellant
Vs.
1.State Bank of India,
Represented by Assistant General Manager,
R.Mani,
(Premises and Estate),
No.16, College Lane,
Chennai – 600 006.
2.The Managing Director,
Tamil Nadu Housing Board,
439, Anna Salai, Nandanam,
Chennai – 600 035.
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Writ Appeal No.189 of 2013
3.The Executive Engineer and
Administrative Officer (i/c),
Tamil Nadu Housing Board,
Special Project Division,
Tamil Nadu Housing Board
Shopping Complex,
Ashok Nagar, Chennai – 600 083. ... Respondents
Prayer : Writ Appeal filed under Clause 15 of the Letters Patent to set aside
the order dated 17.08.2012 made in W.P.No.27819 of 2007 and amended as per
order of this Court dated 19.10.2012.
For Appellant : Mr.S.Silambanan
Additional Advocate General
assisted by
Dr.M.Paul Sundar Singh
For R1 : Mr.C.Mohan
for M/s.King and Partridge
For R2 & R3 : Mrs.R.Gowri
JUDGMENT
(Delivered by M. DURAISWAMY, J.)
Challenging the order passed in W.P.No.27817 of 2007, the 3rd
respondent in the writ petition, namely, the Chennai Metropolitan Water
Supply and Sewerage Board (CMWSSB) has filed the above Writ Appeal.
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Writ Appeal No.189 of 2013
2.The 1st respondent-State Bank of India filed the writ petition seeking
for issuance of a Writ of Certiorarified Mandamus to call for the records
pertaining to the letter dated 20.06.2007 culminating in the letter dated
09.08.2007 on the file of the 3rd respondent and to quash the same and
consequently, to direct the 3rd respondent to hand over the internal water
distribution system at SAF Games Village, Koyambedu, to CMWSSB, the
appellant herein, so far as it relates to the 1 st respondent's Flats in Block Nos.B-
12, B-14, B-15, B-18, C-2, C-3, C-4, C-5 and C-15 in SAF Games Village,
Koyambedu, Chennai.
3.The learned Single Judge, after taking into consideration the case of
both sides, disposed of the writ petition with a direction to the respondents 2
and 3 to hand over the entire water distribution system for the 151 apartments
in question to the appellant, within a period of two months from the date of
receipt of a copy of the order and also observed that the question of method of
calculating the charges and the question of arrears are left open to the parties to
work out in the manner known to law.
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Writ Appeal No.189 of 2013
4.When the Writ Appeal is taken up for hearing, Mr.C.Mohan, learned
counsel appearing for the 1st respondent/writ petitioner, filed a counter
affidavit, dated 10.12.2021, wherein, it has been stated as follows :
“7.Whereas, due to efflux of time, the issue resolved
between Tamil Nadu Housing Board (TNHB) and State Bank of
India (SBI) and this 1st Respondent-SBI have paid entire water
charges including the last payment of Rs.13,72,000/- (Rupees
Thirteen Lakhs Seventy Two Thousand Only-up to June 2021) as
demanded by TNHB on 26.7.2021. Further, as of now there is
no arrears/due or any amount pending.
8.In view of the above matter, CMWSSB is required to
consider the request of this 1st Respondent – SBI to convert to
domestic/residential category and CMWSSB shall charge water
consumption rate on domestic/residential category directly to
SBI. Further, it is humbly prayed before this Hon'ble Court to
direct the Appellant-CMWSSB to ensure and provide
uninterrupted water supply to 151 apartments of this
Respondent – SBI.”
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Writ Appeal No.189 of 2013
5.Mr.S.Silambanan, learned Additional Advocate General appearing for
the appellant, submitted that, as rightly stated in Para No.7 of the counter
affidavit, due to efflux of time, the issue that arose for consideration in the writ
petition no longer survives and the same has also been resolved. However, the
learned Additional Advocate General submitted that the protection sought for
in Para No.8 of the counter affidavit cannot be granted for the reason that the
said prayer is beyond the scope of the writ petition and also that the appellant-
CMWSSB cannot give any assurance for the uninterrupted water supply to the
151 apartments.
6.Recording the submissions made by the learned counsel on either side,
since the issue raised in the writ petition has already been resolved due to
efflux of time, the Writ Appeal stands closed. No costs. Consequently,
connected miscellaneous petition is closed.
7.However, we are not giving any direction to the appellant-CMWSSB
to provide uninterrupted water supply to the 151 apartments of the 1st
respondent/writ petitioner. In the event of the 1st respondent/writ petitioner
giving a representation to the Tamil Nadu Housing Board, seeking to convert
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Writ Appeal No.189 of 2013
the water consumption charges from commercial to domestic/residential
category, it is open to the Tamil Nadu Housing Board to consider the same in
accordance with law.
[M.D., J.] [J.S.N.P., J.]
21.12.2021
Index : Yes/No
Internet : Yes
Speaking order / Nonspeaking order
mkn
To
1.The Assistant General Manager,
State Bank of India,
(Premises and Estate),
No.16, College Lane,
Chennai – 600 006.
2.The Managing Director,
Tamil Nadu Housing Board,
439, Anna Salai, Nandanam,
Chennai – 600 035.
3.The Executive Engineer and
Administrative Officer (i/c),
Tamil Nadu Housing Board,
Special Project Division,
Tamil Nadu Housing Board
Shopping Complex,
Ashok Nagar, Chennai – 600 083.
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Writ Appeal No.189 of 2013
M. DURAISWAMY, J.
and
J. SATHYA NARAYANA PRASAD, J.
mkn
Writ Appeal No.189 of 2013
21.12.2021
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