CMP No.3490 of 2025 in AS No.633 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-03-2025 CORAM THE HONOURABLE MR JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR CMP No. 3490 of 2025 IN AS No.633 of 2023 1. N.Anuradha D/o.Late Namachivayam, Old No. 194/2, New No. 208/2, Dr.Natesan Salai, Venkatesapuram 4th St, Triplicane, Chennai 5. Appellant(s) Vs 1. N. Dharani Prakash S/o.Late Namachivayam, Residing at Old No.194/2, New No.208/2, Dr.Natesan Salai, Venkatesapuram 4th Street, Triplicane, Chennai - 600 005. 2.N.Vimala W/o.Late Namachivayam, Residing at Old No.194/2, New No.208/2, Dr.Natesan Salai, Venkatesapuram 4th Street, Triplicane, Chennai - 600 005. https://www.mhc.tn.gov.in/judis CMP No.3490 of 2025 in AS No.633 of 2023 3. The Managing Director Chennai Metropolitan Water Supply and Sewerage Board No.1, Pumping Station Road Chintadripet, Chennai 600 002 (R3 suo motu impleaded vide order of Court dt. 10.03.2025 in CMP. No.3490 of 2025 in AS No.633 of 2023) Respondent(s) PRAYER To direct the respondents to restore the removed handpump to its original position in order to pump out metro water for the petitioner's portion at the respondents' cost in the second floor with the help of an existing booster and consequently to remove both locks that have been put on the gate of the terrace and the iron door in front of petitioner's portion in the passage in order to have the right to ingress and egress in order to have a check on the overhead tanks and the passage opposite to petitioner's portion to get the potable water from the handpump respectively with police aid from the jurisdictional police station namely D-3, Ice House Police Station, No.1, Natesan Road, Mirsahibpet, Triplicane, Chennai 600 005. For Appellant(s): Mr.K.G.Krishna Raj For Respondent(s): Mr.Prasanna.D for PVS Giridhar Associates for R1 R2-Mrs.N.Vimala, Party In Person Dr.N.Paul Sundar Singh Standing Counsel for R3 https://www.mhc.tn.gov.in/judis CMP No.3490 of 2025 in AS No.633 of 2023 ORDER (Order of the Court was made by S.M.Subramaniam J.) With reference to the dispute regarding usage of metro water in the subject property, the Managing Director of Chennai Metropolitan Water Supply and Sewerage Board filed a status report. Installation of separate hand pump in each floor, namely, ground floor, first floor and second floor though permissible, the hand pump connection to the second floor was disconnected by the first respondent, who is the brother of the petitioner. 2. The learned Standing Counsel for the CMWSSB would submit that as per the Regulations, there is no prohibition to install hand pumps in all the three floors and the hand pump may be restored/reinstalled by the occupant of the second floor. However, they can use only mechanical cylinder for the purpose of taking water from the hand pump. As per the Board's regulations, electrical motor pumps cannot be utilized directly for extraction of water from the service connection provided by the Board. They can store water in the sump and use electrical motor for taking water to the overhead tank. Therefore, all the occupants of ground floor, first floor and second floor are permitted to have hand pumps in their respective area and may use mechanical cylinder for the purpose of taking water from the hand pumps. Such arrangements can go on uninterruptedly between the parties enabling them to get metro water till such time the disputes are resolved in the appeal suit. All the parties residing in the https://www.mhc.tn.gov.in/judis CMP No.3490 of 2025 in AS No.633 of 2023 property are expected to maintain peace and tranquillity and use the water in peaceful manner. With this observation, the civil miscellaneous petition stands disposed of. (S.M.SUBRAMANIAM J.) (K.RAJASEKAR J.) 24-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ss https://www.mhc.tn.gov.in/judis CMP No.3490 of 2025 in AS No.633 of 2023 To 1.N. Dharani Prakash S/o.Late Namachivayam, Residing at Old No.194/2, New No.208/2, Dr.Natesan Salai, Venkatesapuram 4th Street, Triplicane, Chennai - 600 005. 2.N.Vimala W/o.Late Namachivayam, Residing at Old No.194/2, New No.208/2, Dr.Natesan Salai, Venkatesapuram 4th Street, Triplicane, Chennai - 600 005. 3. The Managing Director Chennai Metropolitan Water Supply and Sewerage Board No.1, Pumping Station Road Chintadripet, Chennai 600 002 https://www.mhc.tn.gov.in/judis CMP No.3490 of 2025 in AS No.633 of 2023 S.M.SUBRAMANIAM J. AND K.RAJASEKAR J. ss CMP No.3490 of 2025 in AS No.633 of 2023 24-03-2025 https://www.mhc.tn.gov.in/judis