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WP NO. 22057 of 2017 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-04-2025 CORAM THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD WP NO. 22057 of 2017 and WMP.No.23108 of 2017 Mr. V.R. Venkatachalam S/o. (Late) P.V. Ramasamy Udayar, No.25, Sir C.V. Raman Road, Alwarpet, Chennai - 600 018. Petitioner(s) Vs The Managing Director No.1, Pumping Station Road, Chetpet, Chennai - 600 002
2. The Chief Engineer ( O&M) The Area Engineer, 47, Muthukrishnan Street, T.Nagar, Chennai - 600 017. 3. The Assistant Engineer No.34/105, Thayagaraya Road, T.Nagar, Chennai - 600 017. 4. Mr.Govindasamy No.81, Rajupillaithottam, T.Nagar, Chennai - 600 017. 5. G.Mani S/o. Govinda Raj, No.147, Rajupillaithottam, T.Nagar, Chennai - 600 017. 6. G.Venketesan S/o. GopalNaicker, No.26, Rajupillaithottam, T.Nagar, Chennai - 600 017. 7. Mrs. Kasturi W/o. k Armugam, No.141, Rajupillaithottam, T.Nagar, Chennai - 600 017. 8. Mrs. Neela W/o. Veeraraghavan Naicker, No.171, Rajupillaithottam, T.Nagar, Chennai - 600 017. 9. Rajagopal S/o.Rathina Naicker, No.172, Rajupillaithottam, T.Nagar, Chennai-17
10. Mr.Govindan, S/o.Late Gopal, No.103, Rajupillaithottam, T.Nagar, Chennai-17 https://www.mhc.tn.gov.in/judis
11. R.Mari, S/o.Ramasamy, No.166, Rajupillaithottam, T.Nagar, Chennai-17
12. Mr.N.Mahalingam No.136, Rajupillaithottam, T.Nagar, Chennai-17
13. Mr.A.Ganesan, S/o.A.Konar, No.141A, Rajupillaithottam, T.Nagar, Chennai-17
14. K.Elumalai, S/o.Kishore, Door No.88/A, Rajupillaithottam, T.Nagar, Chennai-17
15. R.Arumugam, S/o.Raghavan, No.109, Rajupillaithottam, T.Nagar, Chennai-17
16. R.Palani S/o.Ramasamy, No.73, Rajupillaithottam, T.Nagar, Chennai-17
17. P.Savitha No.88, Rajupillaithottam, T.Nagar, Chennai-17
18. E.Subramani S/o.Ellappa Naicker, No.142, Rajupillaithottam, T.Nagar, Chennai-17
19. Mrs.B.Indira W/o.Late.Balakrishna, No.109, Rajupillaithottam, T.Nagar, Chennai-17
20. S.Kannaiyan S/o.Subbaiah, No.16, Rajupillaithottam, T.Nagar, Chennai-17
21. Mrs.G.Neela W/o.Govindaswamy, No.167, Rajupillaithottam, T.Nagar, Chennai-17
22. Mrs.Malliga W/o.chandrasekar, No.151, Rajupillaithottam, T.Nagar, Chennai-17
23. Mrs.Lakshmi W/o.Kanniappan, No.122, Rajupillaithottam, T.Nagar, Chennai-17
24. Chakravarthy No.84, Rajupillaithottam, T.Nagar, Chennai-17
25. Varadhar S/o.Subbu, No.94, Rajupillaithottam, T.Nagar, Chennai-17
26. Porkodi No.28, Rajupillaithottam, T.Nagar, Chennai-17
27. M.Periyaiah, https://www.mhc.tn.gov.in/judis
S/o.late. Muthukaruppan, No.138-B, Rajupillaithottam, T.Nagar, Chennai 17
28. M.Subramanian, No.17, Rajupillaithottam, T.Nagar, Chennai 17
29. Mrs.Saraswati, W/o.R.Elumalai, No.105, Rajupillaithottam, T.Nagar, Chennai 17
30. Mrs.Kalpana, W/o.Kadirvelu, No.162, Rajupillaithottam, T.Nagar, Chennai 17
31. Mr.M.Palani, No.145, Rajupillaithottam, T.Nagar, Chennai 17
32. J.Raja, S/o.Jayaraman, No.165, Rajupillaithottam, T.Nagar, Chennai 17
33. Dhanalakshmi, No.163, Rajupillaithottam, T.Nagar, Chennai 17
34. M.Singaram, S/o.Muthukaruppan, No.141, Rajupillaithottam, T.Nagar, Chennai 17
35. M.Subramani, S/o.Murugan, No.140, Rajupillaithottam, T.Nagar, Chennai 17
36. R. Bakthavatchalam S/o. Ramadoss, No. 21, Rajupillaithottam, T.Nagar, Chennai 17
37. M. Shanmugam S/o. Munusamy, No.44,Rajupillaithottam, T.Nagar, Chennai 17
38. E. Gopal No.89, Rajupillaithottam, T.Nagar, Chennai 17
39. F. Krishnan S/o. Ekambara Naicker, No.89, Rajupillaithottam, T.Nagar, Chennai 17
40. S.Deveraj S/o. Subramania Pillai, No.29 Rajupillaithottam, T.Nagar, Chennai 17
41.
Nagarajan S/o. Perumal Pillai, No. 58, Rajupillaithottam, T.Nagar, Chennai 17
42. Rathnamel No.107, Rajupillaithottam, T.Nagar, Chennai 17
43. Perumal No.107, Rajupillaithottam, T.Nagar, Chennai 17 https://www.mhc.tn.gov.in/judis
44. E. Natarajan S/o. Ettaippan Naidu, No.104, Rajupillaithottam, T.Nagar, Chennai 17
45. S.Suresh S/o. Sreeranalu, No.74 Rajupillaithottam, T.Nagar, Chennai 17
46. M. Vellaisamy S/o. Muthukaruppan, No.138-C, Rajupillaithottam, T.Nagar, Chennai 17 Respondent(s) Prayer : Writ petition has been filed under Article 226 of the Constitution of India to issue writ of mandamus to forbear the respondents 1 to 3 from granting fresh metrowater or sewerage connection to respondents 4 to 46 or their family members or representatives, in respect of the schedule mentioned property or any part/portion of it to any individual apart from the petitioner as he is the owner of the schedule property with immediate effect. For Petitioner : Mr.D.Ferdinand For respondents : Mr.K.Vasnthamala, standing counsel for R1 to R3 Mr.V.B.Thirupathikumar, for RR6, 14, 24 and 25 ORDER This writ petition has been filed forbearing the respondents 1 to 3 from granting fresh metrowater or sewerage connection to respondents 4 to 46 or their family members or representatives, in respect of the schedule mentioned property or any part/portion of it to any https://www.mhc.tn.gov.in/judis
individual apart from the petitioner as he is the owner of the schedule property with immediate effect. 2. The petitioner is the owner of the property under registered sale deeds and obtained patta. The respondents 4 to 46 who does not have any right over the property unlawfully encroached the said property. The respondents had filed suits for declaration of their title deeds in respect of the said property before the City Civil Court, Chennai and the same is dismissed.
Thereafter, the petitioner had filed suit for recovery of possession of the extent of the land encroached upon by the respondents 4 to 46 and the petitioner obtained the decree and based on that filed the execution petition and the same is pending. Pending EP, the respondents 4 to 46 filed representation requesting for fresh water and sewerage connection in their respective names. The petitioner issued notice to the respondents 1 to 3 intimating them about the right over in the said property and pendency of the Civil proceedings. Despite the same, the respondents 1 to 3 proceeding further to issue water and sewerage connections to the respondents 4 to 46. Hence, the petitioner filed the present writ petition. 3. The learned Standing counsel for the respondents 1 to 3 filed counter affidavit dated https://www.mhc.tn.gov.in/judis
11.07.2023 and the relevant portion of the same is extracted hereinunder :-
7. In this connection I submit that based on the writ petition made by the petitioner, site inspection was carried out and found that "Raju Pillai Thottam" consists of nearly 200 houses were encroached and residing the above- mentioned property for many years ago. The water demand for the people of Raju Pillai Thottam is being met out by supplying water in 5 Nos. of syntex tank through mobile water lorries on alternative day basis and 3 nos. of public fountains installed along the Mambalam High Road and Anand street. The CMWSSB did not give any individual house service water/sewer connection to Raju Pillai Thottam residents. 8. I submit that the allegations and averments set out in para 2 and 7 of the affidavit; I submit that the civil dispute between the petitioner and the respondents 4 to 46 i.e., private parties is not binding upon the respondent Board. The writ property viz., "Raju Pillai Thottam" consists of nearly 200 houses were encroached and residing the above-mentioned property for many years ago.
The water demand for the people of Raju Pillai Thottam is being met out by supplying water in 5 Nos. of syntex tank through mobile water lorries on alternative day basis and 3 nos. of public fountains installed along the https://www.mhc.tn.gov.in/judis
Mambalam High Road and Anand street, since the Water is the basic need of the people in the residential area. This arrangement is the temporary arrangement. This Board has not given any permanent pipelines to the residents in the above locality. 9. I submit that the respondents 4 to 46 have not submitted any application for providing water and sewer connection and thus the averments made by the petitioner are only an apprehension that the respondents 1 to 3 are going ahead and making attempts to issue fresh water and sewerage connection, which are not correct and wrong submission to this Hon'ble Court. 4. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents 1 to 3 and the counsel for the respondents and perused the materials available on record. 5. In the counter affidavit filed by the respondents 1 to 3, it is clearly stated that 200 houses in Raju Pillai Thottam has been encroached and residing in the above mentioned property for many years. The water demand for the people of Raju Pillai Thottam is being met out by https://www.mhc.tn.gov.in/judis
supplying water in 5 Nos. of syntex tank through mobile water lorries on alternative day basis and for 3 Nos. of public fountains installed in the Mambalam High Road and Anand street. It is further mentioned that CMWSSB has not given any individual house service water /sewer connection to residents of Raju Pillai thottam locality. 6. Recording the above submissions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 16-04-2025 Index : Yes / No Internet : Yes/No tsh To
1. The Managing Director No.1, Pumping Station Road, Chetpet, Chennai - 600 002 and others
2.
The Chief Engineer ( O&M) The Area Engineer, 47, Muthukrishnan Street, T.Nagar, Chennai - 600 017. 3. The Assistant Engineer No.34/105, Thayagaraya Road, T.Nagar, Chennai - 600 017. https://www.mhc.tn.gov.in/judis
J.SATHYA NARAYANA PRASAD, J tsh WP.No.22057 of 2017 16.04.2025 https://www.mhc.tn.gov.in/judis