High Court · 2025

W.P.No.8176 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 07.03.2025 CORAMTHE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASADW.P.No.8176 of 2022and WMP.No.8185 of 2022Romana ... Petitionervs.1. The Commissioner, Corporation of Chennai, Rippon Building, Chennai 600 003.2. The Member Secretary, Chennai Metropolitan Development Authority, Gandhi-Irwin Road, Egmore, Chennai 600 008.3. The Assistant Engineer (Division VIII), CMWSSB Board, 297, Konnur High Road, Ayanavaram, Chennai 600 023.4. The Zonal Officer, Zone No.VIII, Greater Chennai Corporation, Shenoy Nagar, Chennai 600 030.5. The Assistant Engineer, Tamil Nadu Electricity Board, Ayanavaram, Chennai 600 023. ____________Page No.1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.8176 of 20226. R.Ravichandran7.D.Arul Raj .. RespondentsWrit Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondent authorities 1 to 5 not to execute or lay any pipeline and effect water supply connections, laying of roads and to remove the water supply work already executed in the month of March, 2022 in the petitioners property comprised in T.S.Nos.35 to 47, Ayanavaram Village, Ayanavaram Taluk, Chennai measuring 12 grounds.For Petitioner : Mr.S.Thanikasivan For R1, R4 : Mr.Rahul Aditya for M/s.P.T.Ramadevi For R2 : Mr.R.Sivakumar Standing Counsel ORDERThe present writ petition has been filed to direct the authorities 1 to 5 not to execute or lay any pipeline and effect water supply connections, laying of roads and to remove the water supply work already executed in ____________Page No.2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.8176 of 2022the month of March, 2022 in the petitioners property comprised in T.S.Nos.35 to 47, Ayanavaram Village, Ayanavaram Taluk, Chennai measuring 12 grounds. 2. It is the case of the petitioner that the land measuring 12 grounds comprised in T.S.No.35 to 47, Ayanavaram Village and Taluk, Chennai was originally purchased from one Kuppusamy Mudaliar by one Murugammal, grandmother viz. of the petitioner on 17.10.1910. The said Murugammal executed a Will dated 20.03.1946 and bequeathed the said property in favour of her children. The said Will was probated by this Court in O.P.No.265 of 1959. Thereafter, the petitioner and others inherited the said property in their capacity as grandchildren of Murugammal and patta in respect of the said property stands in the name of the petitioner and others. Thereafter, the petitioner filed O.S.No.3000 of 1962 on the file of X Assistant, City Civil Court, Chennai against one Devadass, owner of undivided share of land and the said suit was disposed on 18.07.1989. Under the said proceedings, the said Devadas was handed over his share to the petitioner and her co-shares after receiving the value of Rs.4,69,000/-. In the mean time, some persons who were kept as tenants by the said ____________Page No.3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.8176 of 2022Devadas in the said property refused to vacate from the plots and therefore the petitioner filed E.P.No.3752 of 1989 , it was held that the said persons have no right whatsoever in the said property. Thereafter, the petitioner and her co-sharers have appointed one Balasigamani as their power agent for the purpose of making developments in the said property. The said power of attorney agent had colluded with the said occupants in the property and therefore Ejectment suit Nos.4 of 2001 and etc batch and the same are pending before the Principal Small Causes Court, Chennai. Further, misusing the said power of attorney, the said Balasigamani had created certain documents in his favour and therefore the petitioner filed O.S.No.4264 of 2010 on the file of City Civil Court, Chennai and the same is pending. In the meantime, the occupants of the said property filed an application seeking water supply connection before the 4th respondent and the 4th respondent also trying to lay a pipeline. Further, the respondent authorities are also trying to form a road in their property. In this regard, the petitioner submitted a representation dated 17.03.2022 before the respondent authority and the same was not considered till date. Hence, the petitioner has filed the present writ petition.____________Page No.4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.8176 of 2022 3. The learned Standing Counsel appearing for the third respondent filed a counter affidavit during the month of December 2022 . Relevant paragraph of the said counter is extracted hereunder :-“5.In para 10 of the petitioner affidavit I further submit that the averments made by the petitioner are denied by the respondent Board. Further, I submit that the respondent Board had not initiated any action to lay water pipeline at Ananda Vinayakar Koil 3rd street. Also there is no such water connection provided in the subject property, only public fountain is provided by CMWSS Board at Konnur High Road junction of Ananda Vinayakar Koil , 3rd street for general public; complaints were received on 05.09.2022 that additional new Public Fountain (PF) has been erected from the existing Public Fountain by some unknown persons. In this regard, the site was inspected and on the same day pipeline to the New Public Fountain was disconnected”. 4. The learned Standing Counsel appearing for the respondent 6 & 7 submitted that there is an Ejectment suit in respect of the said property between the petitioner and the 6th and 7th respondent and also the ejectment appeal before the Chief Judge, Principal Small Causes Court, Chennai are still pending. ____________Page No.5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.8176 of 2022 5. Heard the learned counsel appearing on either side and also perused the materials available on records. 6. In view of the above submissions made by the learned counsel on either side, the respondent Board has not initiated any action to lay water pipeline there is no such water connection provided in the subject property, only public fountain is provided by CMWSS Board at Konnur High Road junction of Ananda Vinayakar Koil 3rd street, for general public. Further, it is stated that the site was inspected and on the same day pipeline to the New Public Fountain was disconnected . Accordingly, this writ petition stands disposed of with the above observation. No costs. Consequently, connected miscellaneous petition is closed.07.03.2025Index : Yes/No.Internet : Yes/No.Neutral Citation : Yes/NoSpeaking : Non-speaking Orderkkd____________Page No.6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.8176 of 2022To1. The Commissioner, Corporation of Chennai, Rippon Building, Chennai 600 003.2. The Member Secretary, Chennai Metropolitan Development Authority, Gandhi-Irwin Road, Egmore, Chennai 600 008.3. The Assistant Engineer (Division VIII), CMWSSB Board, 297, Konnur High Road, Ayanavaram, Chennai 600 023.4. The Zonal Officer, Zone No.VIII, Greater Chennai Corporation, Shenoy Nagar, Chennai 600 030.5. The Assistant Engineer, Tamil Nadu Electricity Board, Ayanavaram, Chennai 600 023. ____________Page No.7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.8176 of 2022J.SATHYA NARAYANA PRASAD,J.kkdW.P.No.8176 of 202207.03.2025____________Page No.8 of 8