N.Karunagaran vs The Chairman
2023 Latest Caselaw 1005 Mad

                                                                  W.P.No.13749 of 2016


                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                         DATED: 25.01.2023

                                             CORAM:

                         THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

                                       W.P.No.13749 of 2016
                                                &
                                      W.M.P.No.12046 of 2016

                N.Karunagaran                                        ...Petitioner


                                             Vs.


                1.The Chairman
                Chennai Metropolitan Water
                Supply and Sewerage Board
                No.1, Pumping Station Road
                Chintadripet
                Chennai-600 002

                2.The Junior Engineer
                Chennai Metropolitan Water
                Supply and Sewerage Board
                Kalidas Street
                Jayaram 2nd street
                Kolathur
                Chennai-600 099

                3.M.Sarathy                                    ..Respondents




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https://www.mhc.tn.gov.in/judis
                Page 1 of 6
                                                                                  W.P.No.13749 of 2016


                PRAYER: Writ petitions filed under Article 226 of the Constitution of
                India praying to issue a Writ of Mandamus directing the respondents 1 and
                2 to restore the water and sewerage connection relating to C.M.C.o.06-064-
                16403-000 to petitioner property bearing Door No.29/C, vivek Nagar 1st
                street, Kolathur, Chennai-99 by considering the petitioner representation
                dated 04.04.2016.
                                  For Petitioner     : Mr.N.Manokaran

                                  For Respondents    : Mrs.Vasanthamala, Standing Counsel
                                                       CMWSSB for R1 and 2

                                                       Mr.M.Kumarasami for R3

                                                    ORDER

Writ Petition is filed seeking to issue a direction to the respondents 1

and 2 to restore the water and sewerage connection relating to C.M.C.o.06-

064-16403-000 to petitioner property bearing Door No.29/C, vivek Nagar

1st street, Kolathur, Chennai-99 by considering the petitioner representation

dated 04.04.2016.

2. It is the case of the petitioner that originally the property was

jointly owned by the 3rd respondent and his brother. They have partitioned

the property in which 'C' schedule was allotted to brother of the 3rd

respondent, which is the subject matter of the property. After the death of

________ https://www.mhc.tn.gov.in/judis

W.P.No.13749 of 2016

his brother the 3rd respondent based on the unregistered agreement filed a

suit for specific performance in O.S.No.7290 of 2007 against the legal heirs

of his own brother. The above suit came to be dismissed on 14.12.2009. As

against which appeal in A.S.No.840 of 2010 was filed, which also came to

be dismissed and finally Second Appeal filed as against the A.S in

S.A.No.600 of 2014 also came to be dismissed on 14.07.2014. The

petitioner have purchased the property from the legal heirs of the 3 rd

respondent on 07.08.2014. Thereafter, the 3rd respondent also caused

disturbance of the possession of the petitioner. According to the petitioner

he has filed a suit in O.S.No.1625 of 2015 before the IV Assistant City

Civil Court and the Court has also passed a status quo and the same is still

continuing.

3. When the matter stood thus, the 3rd respondent gave an objection

to the respondents. Based on the said objection without any notice the

water connection and sewerage connection has been disconnected. Hence,

the Writ Petition.

4. No counter has been filed.

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W.P.No.13749 of 2016

5. Learned counsel for the petitioner brought to the notice of this

Court the Civil Court decree and Second Appeal judgment and decree of

this Court. On perusal of the same, the attempt of the 3rd respondent to

claim right over the subject property is already negatived by the Courts and

reached finality.

6. Besides, the petitioner also filed O.S.No.1625 of 2015, which is

still pending. Such being the position, this Court is of the view that the

respondents cannot disconnect the water and sewerage connection. The

water is one of the essential amenities and is required for livelihood of

every individual. Merely on the basis of some civil dispute the right of the

petitioner cannot be taken away. Disconnection of the water connection

violates the rights of the petitioner that too without any notice whatsoever.

Such being the matter the petitioner is certainly entitled to restoration.

Accordingly, the respondents 1 and 2 are directed to forthwith restore the

water and sewerage connection to the Door No.29/C, Vivek Nagar, 1 st

Street, Kolathur, Chennai-99.

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W.P.No.13749 of 2016

With the above observation, the Writ Petition is allowed. No costs.

Consequently, connected Writ Miscellaneous petition is closed.

25.01.2023 kpr Internet:Yes Speaking/non-speaking order Neutral Citation:Yes/No

To

1.The Chairman Chennai Metropolitan Water Supply and Sewerage Board No.1, Pumping Station Road Chintadripet Chennai-600 002

2.The Junior Engineer Chennai Metropolitan Water Supply and Sewerage Board Kalidas Street Jayaram 2nd street Kolathur Chennai-600 099

________ https://www.mhc.tn.gov.in/judis

W.P.No.13749 of 2016

N. SATHISH KUMAR, J.

kpr

W.P.No.13749 of 2016 & W.M.P.No.12046 of 2016

25.01.2023

________ https://www.mhc.tn.gov.in/judis