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2012 DAILYLAW 5042 (MAD)

P.SATHIYAPRIYA, v. THE MANAGING DIRECTOR,

WP/4116/2012 · 2026-06-01

M Dhandapani

Transfer Petitionbody2012

Judgment text

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W.P.No.4116 of 2012 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.06.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.4116 of 2012 And M.P.No.1 of 2012 P.Sathiyapriya ... Petitioner Vs. 1.The Managing Director, Chennai Metro Water Supply and Sewage Board, No.1, Pumping Station Road, Chintadripet, Chennai – 600 002. 2.The Chief Engineer, (Operation and Maintenance) Chennai Metro Water Supply and Sewage Board, No.1, Pumping Station Road, Chintadripet, Chennai – 600 002. 3.The Municipal Commissioner, Maduravoyal Municipality, Now merged with Corporation of Chennai, Ripon Building, Chennai – 600 003, Rep. by its Commissioner Corporation of Chennai. 4.The Assistant Executive Engineer, Corporation of Chennai, Zone XI, Valasaravakkam, Chennai. 1/6 https://www.mhc.tn.gov.in/judis W.P.No.4116 of 2012 5.Vishwa Infrastructures and Service (P) Ltd. (R4 & R5 impleaded as per Court order dated 27.2.12 by KVJ in MP.2/12 in WP.4116/12) ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents, from digging up pits for construction of sewer channel in petitioner land comprised in Survey No.127 part, in Sub Division Nos.127/9B, 127/10B, 127/15B, 127/21B, 127/27B, 127/35B, 127/36A, 127/39B, 127/45B, 127/46A, 127/16, 127/22, 127/23, 127/28, 127/29, 127/30 and 127/27, situated at Maduravoyal, Ambattur Taluk. For Petitioner : Mr.J.Antony Jesus For Respondents : Ms.S.Deepika for R1, R2 Ms.Aswini Devi for R3 R4 – Disd. Vide Court Order on 14/10/2012 by MJJ R5 – No Appearance O R D E R The petitioner has filed this writ petition seeking issuance of Writ of Mandamus forbearing the respondents, from digging up pits for construction of sewer channel in petitioner land comprised in Survey No.127 part, in Sub Division Nos.127/9B, 127/10B, 127/15B, 2/6 https://www.mhc.tn.gov.in/judis W.P.No.4116 of 2012 127/21B, 127/27B, 127/35B, 127/36A, 127/39B, 127/45B, 127/46A, 127/16, 127/22, 127/23, 127/28, 127/29, 127/30 and 127/27, situated at Maduravoyal, Ambattur Taluk. 2.The learned counsel appearing for the petitioner submitted that the petitioner’s deceased grandfather Kasimari Shanmugasundara Nadar owned an extent of 13.77 acres of land in Survey No.127 Part at Maduravoyal and after his demise, there are several litigation in respect of the property between the legal heirs of said Kasimari Shanmugasundara Nadar. Whileso, the officials of respondents 1 to 4 in collusion with the fifth respondent started digging pits for construction of sewer channel in the petitioner’s land. In this regard, the petitioner made representation dated 14.02.2012 to the respondents, however, there is no response. Hence, this Court may issue direction to the respondents not to make any construction in respect of the land owned by the petitioner. 3.The learned counsel appearing for the third respondent submitted that the third respondent Municipality now merged with Chennai Corporation and further submitted that the first respondent is executing the UGSS for Maduravoyal Municipality under the JNNURM 3/6 https://www.mhc.tn.gov.in/judis W.P.No.4116 of 2012 funded jointly by Government of India, Government of Tamil Nadu and concerned ULB and further submitted that under this Scheme Sewerage System comprising manholes and pipelines are provided in every street / road in order to provide basic amenities to the residents of the area. The contract for the scheme work was awarded to the fifth respondent with 24 months contract period. The learned counsel further submitted that if at all the petitioner have any grievance with regard to title, the remedy is available before the civil Court and not before this Court under Article 226 of the Constitution of India. 4.Heard both sides and perused the materials available on record. 5.The writ petition is of the year 2012. Perusal of records disclose that the contract for the scheme work was awarded to the fifth respondent with 24 months contract period and the period of contract is already over. Hence nothing survives for adjudication in this writ petition. If at all the petitioner have any grievance, the remedy is available before the competent civil Court and not before this Court under Article 226 of the Constitution of India. 4/6 https://www.mhc.tn.gov.in/judis W.P.No.4116 of 2012 6.The writ petition is dismissed as infructuous. No costs. Consequently, the connected miscellaneous petition is closed. 01.06.2026 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Managing Director, Chennai Metro Water Supply and Sewage Board, No.1, Pumping Station Road, Chintadripet, Chennai – 600 002. 2.The Chief Engineer, (Operation and Maintenance) Chennai Metro Water Supply and Sewage Board, No.1, Pumping Station Road, Chintadripet, Chennai – 600 002. 3.The Municipal Commissioner, Maduravoyal Municipality, Now merged with Corporation of Chennai, Ripon Building, Chennai – 600 003, Rep. by its Commissioner Corporation of Chennai. 4.The Assistant Executive Engineer, Corporation of Chennai, Zone XI, Valasaravakkam, Chennai. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.4116 of 2012 M.DHANDAPANI,J. pri W.P.No.4116 of 2012 And M.P.No.1 of 2012 01.06.2026 6/6 https://www.mhc.tn.gov.in/judis