Madras High Court
K.G.Sampath vs The Commissioner on 22 September, 2022
Author: S.S.Sundar
Bench: S.S.Sundar
W.P.No.22803 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2022
CORAM
THE HONOURABLE MR. JUSTICE S.S.SUNDAR
W.P.No.22803 of 2014
and M.P.No.1 of 2014
K.G.Sampath ...Petitioner
-Vs-
1.The Commissioner,
Corporation of Chennai,
Chennai – 3.
2.The Executive Engineer,
Zone IV,
Corporation of Chennai,
Puzhuthivakkam Street,
Puzhuthivakkam,
Chennai – 600 091.
3.Chennai Metropolitan Water Supply
and Sewerage Board, Chennai. ...Respondents
** R3 suo moto impleaded as per order dated 22.09.2022 by SSSRJ in
W.P.No.22803 of 2014.
Prayer:- Writ petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of mandamus directing the respondents herein to
lay Tar Road to 12th Street, Karthikeyapuram, Madipakkam, Chennai.
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W.P.No.22803 of 2014
For Petitioner : Mr.B.Srinivasan
for S.K.Venkatasubba Raju
For Respondents : Mr.G.T.Subramanian
Standing counsel
ORDER
This writ petition is filed for issuance of a writ of mandamus directing the respondents to lay tar road on 12th Street, Karthikeyapuram, Madipakkam, Chennai.
2. The petitioner is the owner of plot No.6 in Karthikeyapuram, 12th street, Madipakkam, Chennai. The petitioner has put up a house and residing in this place for several years. The area Karthikeyapuram, Madipakkam has been brought under the jurisdiction of the respondents namely the Greater Chennai Corporation.
3. The grievance of the petitioner is that while all the streets of Madipakkam have been renovated and tar roads had been laid and the roads in Karthikeyapuram had also been level raised and tar roads have been laid, Karthikeyapuram, 12th street has not been attended and no tar road was laid as in other streets. On 17.06.2014, a representation was submitted by the https://www.mhc.tn.gov.in/judis 2/6 W.P.No.22803 of 2014 petitioner to the second respondent detailing the bad condition of the road, pointing out that neither renovation of the road nor re-laying tar road in Karthikeyapuram has been undertaken. However, there was no action taken by the respondents.
4. In the counter affidavit, the learned standing counsel appearing for the respondents has stated that tar road cannot be laid during the pendency of another writ petition in W.P.No.14630 of 2013 filed by one Mr.S.Pattabi and others. No interim order is granted against laying of tar road. No material is produced to show or convince this Court that the pendency of the said writ petition stands in the way of respondents to carry out road works or maintenance of street vested with corporation. The learned standing counsel then stated that some construction of under ground drainage was going on in that particular street and therefore, laying of road will be done immediately after completing drainage. He adds that the underground drainage work will go on for another six months. In view of the stand taken by the learned standing counsel appearing for the respondents, this Court is of the view that the petitioner may also give a representation to the Chennai Metropolitan Water Supply And Sewerage Board. Since the respondents admits that the laying of https://www.mhc.tn.gov.in/judis 3/6 W.P.No.22803 of 2014 road is delayed on account of the construction of under ground sewage line and Chennai Metropolitan Water Supply And Sewerage Board has to complete the work, Chennai Metropolitan Water Supply And Sewerage Board is suo moto impleaded as third respondent. The writ petition for getting civil amenities is pending for 8 years. Even now it is reported that there is no proper road and other facilities.
5. This Court is inclined to dispose the writ petition with the following directions. The third respondent is directed to complete the under ground drainage line and the drinking water supply line within a period of six months. In case if there is any obstruction with regard to the construction by third respondent, it is open to the petitioner to move this Court for appropriate orders. If the work is not completed by the respondents within a period of six months, the respondents shall not collect any other charges except property tax from the petitioner and other residents of 12th Street, till such time they lay road and provide other amenities. After completion of work, the entire amount can be collected from the petitioner and residents of 12th Street, Karthikeyapuram, Madipakkam.
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6. With the above direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
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1.The Commissioner, Corporation of Chennai, Chennai – 3.
2.The Executive Engineer, Zone IV, Corporation of Chennai, Puzhuthivakkam Street, Puzhuthivakkam, Chennai – 600 091.
3.Chennai Metropolitan Water Supply and Sewerage Board, Chennai.
W.P.No.22803 of 2014
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