High Court · 2025

WP NO. 22057 of 2017 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-04-2025CORAMTHE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASADWP NO. 22057 of 2017and WMP.No.23108 of 2017Mr. V.R. VenkatachalamS/o. (Late) P.V. Ramasamy Udayar, No.25, Sir C.V. Raman Road, Alwarpet, Chennai - 600 018. Petitioner(s) VsThe Managing DirectorNo.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 EngineerNo.34/105, Thayagaraya Road, T.Nagar, Chennai - 600 017.4. Mr.GovindasamyNo.81, Rajupillaithottam, T.Nagar, Chennai - 600 017.5. G.ManiS/o. Govinda Raj, No.147, Rajupillaithottam, T.Nagar, Chennai - 600 017.6. G.VenketesanS/o. GopalNaicker, No.26, Rajupillaithottam, T.Nagar, Chennai - 600 017.7. Mrs. KasturiW/o. k Armugam, No.141, Rajupillaithottam, T.Nagar, Chennai - 600 017.8. Mrs. NeelaW/o. Veeraraghavan Naicker, No.171, Rajupillaithottam, T.Nagar, Chennai - 600 017.9. RajagopalS/o.Rathina Naicker, No.172, Rajupillaithottam, T.Nagar, Chennai-1710. 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-1712. Mr.N.MahalingamNo.136, Rajupillaithottam, T.Nagar, Chennai-1713. Mr.A.Ganesan,S/o.A.Konar, No.141A, Rajupillaithottam, T.Nagar, Chennai-1714. K.Elumalai,S/o.Kishore, Door No.88/A, Rajupillaithottam, T.Nagar, Chennai-1715. R.Arumugam,S/o.Raghavan, No.109, Rajupillaithottam, T.Nagar, Chennai-1716. R.PalaniS/o.Ramasamy, No.73, Rajupillaithottam, T.Nagar, Chennai-1717. P.SavithaNo.88, Rajupillaithottam, T.Nagar, Chennai-1718. E.SubramaniS/o.Ellappa Naicker, No.142, Rajupillaithottam, T.Nagar, Chennai-1719. Mrs.B.IndiraW/o.Late.Balakrishna, No.109, Rajupillaithottam, T.Nagar, Chennai-1720. S.KannaiyanS/o.Subbaiah, No.16, Rajupillaithottam, T.Nagar, Chennai-1721. Mrs.G.NeelaW/o.Govindaswamy, No.167, Rajupillaithottam, T.Nagar, Chennai-1722. Mrs.MalligaW/o.chandrasekar, No.151, Rajupillaithottam, T.Nagar, Chennai-1723. Mrs.LakshmiW/o.Kanniappan, No.122, Rajupillaithottam, T.Nagar, Chennai-1724. ChakravarthyNo.84, Rajupillaithottam, T.Nagar, Chennai-1725. VaradharS/o.Subbu, No.94, Rajupillaithottam, T.Nagar, Chennai-1726. PorkodiNo.28, Rajupillaithottam, T.Nagar, Chennai-1727. M.Periyaiah, https://www.mhc.tn.gov.in/judis S/o.late. Muthukaruppan, No.138-B, Rajupillaithottam, T.Nagar, Chennai 1728. M.Subramanian,No.17, Rajupillaithottam, T.Nagar, Chennai 1729. Mrs.Saraswati,W/o.R.Elumalai, No.105, Rajupillaithottam, T.Nagar, Chennai 1730. Mrs.Kalpana,W/o.Kadirvelu, No.162, Rajupillaithottam, T.Nagar, Chennai 1731. Mr.M.Palani,No.145, Rajupillaithottam, T.Nagar, Chennai 1732. J.Raja,S/o.Jayaraman, No.165, Rajupillaithottam, T.Nagar, Chennai 1733. Dhanalakshmi, No.163,Rajupillaithottam, T.Nagar, Chennai 1734. M.Singaram,S/o.Muthukaruppan, No.141, Rajupillaithottam, T.Nagar, Chennai 1735. M.Subramani,S/o.Murugan, No.140, Rajupillaithottam, T.Nagar, Chennai 1736. R. BakthavatchalamS/o. Ramadoss, No. 21, Rajupillaithottam, T.Nagar, Chennai 1737. M. ShanmugamS/o. Munusamy, No.44,Rajupillaithottam, T.Nagar, Chennai 1738. E. GopalNo.89, Rajupillaithottam, T.Nagar, Chennai 1739. F. KrishnanS/o. Ekambara Naicker, No.89, Rajupillaithottam, T.Nagar, Chennai 1740. S.DeverajS/o. Subramania Pillai, No.29 Rajupillaithottam, T.Nagar, Chennai 1741. NagarajanS/o. Perumal Pillai, No. 58, Rajupillaithottam, T.Nagar, Chennai 1742. RathnamelNo.107, Rajupillaithottam, T.Nagar, Chennai 1743. PerumalNo.107, Rajupillaithottam, T.Nagar, Chennai 17 https://www.mhc.tn.gov.in/judis

44. E. NatarajanS/o. Ettaippan Naidu, No.104, Rajupillaithottam, T.Nagar, Chennai 1745. S.SureshS/o. Sreeranalu, No.74 Rajupillaithottam, T.Nagar, Chennai 1746. M. VellaisamyS/o. Muthukaruppan, No.138-C, Rajupillaithottam, T.Nagar, Chennai 17Respondent(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.FerdinandFor respondents : Mr.K.Vasnthamala, standing counsel for R1 to R3Mr.V.B.Thirupathikumar, for RR6, 14, 24 and 25ORDERThis 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.16-04-2025Index : Yes / NoInternet : Yes/NotshTo1. The Managing DirectorNo.1, Pumping Station Road, Chetpet, Chennai - 600 002 and others2. The Chief Engineer ( O&M)The Area Engineer, 47, Muthukrishnan Street, T.Nagar, Chennai - 600 017.3. The Assistant EngineerNo.34/105, Thayagaraya Road, T.Nagar, Chennai - 600 017. https://www.mhc.tn.gov.in/judis J.SATHYA NARAYANA PRASAD, JtshWP.No.22057 of 201716.04.2025