Madras High Court
R.Narasimhan vs Area Engineer Area Ix on 6 July, 2016
Author: N.Kirubakaran
Bench: N.Kirubakaran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:06.07.2016
CORAM
The Honourable MR. JUSTICE N.KIRUBAKARAN
W.P.No.22892 of 2016
and WMP.No.19576 of 2016
R.Narasimhan [ Petitioner ]
Vs
1 Area Engineer Area IX
Chennai Metropolitan Water Supply and
Sewerage Board No.1 Dr. Ranga Road
Abhiramapuram Chennai-600 018
2 Managing Director
Chennai Metropolitan Water Supply and
Sewerage Board No.1 Pumping Station Road
Chindatripet Chennai-600 002
[Respondents]
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents not to disconnect petitioner utility connections such as supply of water and collection of sewerage.
For Petitioner : Mr.Kaushik N.Sharma
For Respondents: Mr.G.Janakiraman
ORDER
Mr.G.Janakiraman, learned Standing Counsel takes notice for the respondents.
2. The petitioner is the owner of the property bearing Door No.8/5, Kodambakkam High Road, Nungambakkam, Chennai 34 and it is under occupation in the name and style of M/s Alliance Broadcasting Pvt Limited. The water and sewerage charges payable in respect of the petitioner's property which is located in the 2nd floor of the said building has been paid promptly. However, for the default committed by some of the flat owners of the same building, the water connection of the entire building is sought to be disconnected and therefore, the petitioner is before this Court.
3. Heard Mr.Kaushik N.Sharma, learned counsel for the petitioner and Mr.G.Janakiraman, learned counsel for the respondents.
4. Admittedly, the petitioner is the owner of the property in question and he has paid all the statutory charges payable to the Board upto 2017, as evident from the receipt dated 20.06.2016. It is also an admitted fact that water connection has already been disconnected on 01.07.2016. When the petitioner had already paid the charges without any arrears, neither the water connection nor the sewerage connection to the petitioner's portion can be disconnected.
5. The contention of the learned counsel for the respondents is that some other flat owners of the same building have not paid the statutory dues to the Board and that hardly be the reason for disconnection of water supply. For the default committed by other flat owners, the petitioner cannot be taken into task, especially when he has discharged his obligation in paying the charges payable in respect of the portion under his occupation. It is made clear that if the other flat owners are found to be in default, it is always open to the respondents to take appropriate action as against the defaulting owners to recover the money payable by them and the same cannot be slapped against the petitioner and he cannot be put to hardship when there is no fault on him.
6. In view of the fact that disconnection of water connection for the default made by other flat owners is not sustainable, the respondents are directed to restore the water connection immediately before 04.30 p.m. which was disconnected.
The writ petition is disposed of accordingly. No costs. Connected miscellaneous petition is closed.
Call the matter at 04.30 p.m. today (06.07.2016) for reporting compliance.
06.07.2016 rg 2/2 To 1 Area Engineer Area IX Chennai Metropolitan Water Supply and Sewerage Board No.1 Dr. Ranga Road Abhiramapuram Chennai-600 018 2 Managing Director Chennai Metropolitan Water Supply and Sewerage Board No.1 Pumping Station Road Chindatripet Chennai-600 002 N.KIRUBAKARAN,J.
rg W.P.No.22892 of 2016 06.07.2016 2/2