IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 04.02.2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.1035 of 2010 & M.P.No.1 of 2010 Mr.Kishorekumar Giridharilal ..Petitioner Versus Area Engineer – VII Chennai Metro Water Supply and Sewarage Board('CMWSSB') Chetpet, Chennai 600 031. ..Respondent Prayer: This petition has been filed seeking for a writ of Mandamus, forbearing the Respondent Board, their men and agents from disconnecting the water and sewerage facilities to the Thiru Building located at No:160 Greams Road, Chennai 600 006 until the representation dated 08.01.2010 made by the petitioner is accepted and a separate connection is provided by the Respondent Board for the Ground Floor of the aforesaid Thiru Building. For Petitioner : Mr.Krishna Srinivasan For Respondent : Mr.G.S.Mohan O R D E R This Writ Petition has been filed praying for a Writ of Mandamus, to forbear the respondent Board, their men and agents from disconnecting the water and sewerage facilities enjoyed by the petitioner, as one of the owners of the Thiru Building, located at No:160 Greams Road, Chennai, until the representation, dated 08.01.2010, made by the petitioner is accepted and a separate connection is provided by the respondent Board. 2.It has been submitted by the learned counsel for the petitioner, that a portion of the building, owned by the petitioner has been leased out to M/s.Accel Frontline Limited, with effect from 24.03.2005, for a monthly rent of Rs.17,316/-. There are a number of employees who are working in the said company. He had further submitted that, even though the petitioner has been paying the Water and Sewarage tax, including the water supply charges, promptly, water https://hcservices.ecourts.gov.in/hcservices/ and sewerage connections to the petitioner's premises had been disconnected during the first week of January, 2010, for the reason that the other occupants of the building had not paid their dues, amounting to Rs.20,26,540/- 3.It has also been submitted that the current dues, liable to be paid by the petitioner, is Rs.76,648/- and the petitioner has offered to deposit a sum of Rs.10,00,000/-, before the respondent, for the water and sewarage connections to be restored to the petitioner premises. It has been stated by the learned counsel for the petitioner that the dues relating to the water and sewerage connections and the water supply charges that may be due from the petitioner, in the future, could be adjusted from the amount of Rs.10,00,000/-, which is to be deposited by the petitioner. 4.It has also been requested by the learned counsel for the petitioner that on the petitioner depositing the sum of Rs.10,00,000/- , the respondent may be directed to effect water and sewarage connections to the petitioner's premises, immediately, thereafter. The learned counsel appearing on behalf of the petitioner had further submitted that the representation of the petitioner, dated 08.01.2010, may be directed to be considered by the respondent and appropriate orders passed thereon,on merits, and in accordance with law. 5.The learned counsel appearing on behalf of the respondents had submitted that on the petitioner depositing a sum of Rs.10,00,000/-, before the respondent, the water and sewerage connections would be effected to the petitioner's premises, within seven days from the date of such deposit. However, the learned counsel appearing on behalf of the respondent board had also submitted that the respondent board may be permitted to take appropriate action against the defaulters, who are the owners/occupants of the building in question, as per law. 6. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned, the petitioner is directed to deposit a sum of Rs.10,00,000/-, before the respondent, within a period of ten days from today, and on such deposit being made, the respondent shall effect the water and sewerage connections to the petitioner's premises, at No:160 Greams Road, Chennai, within a period of seven days, thereafter. It is also made clear that, it is open to the respondent, to proceed against the defaulters, as per law. The amount of Rs.10,00,000/-,deposited by the petitioner, before the respondent, shall be adjusted towards the future dues of the petitioner, in respect of water and sewerage connections effected to the petitioner's premises, in the property in question. The respondent is also directed to consider the representation of the petitioner dated 08.01.2010, for the provision of separate Water and https://hcservices.ecourts.gov.in/hcservices/ sewarage connections to the petitioner's premises, and to pass appropriate orders thereon, as expeditiously as possible. This Writ Petition is ordered accordingly. No costs. Consequently connected Miscellaneous Petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar arr To The Area Engineer – VII Chennai Metro Water Supply and Sewarage Board('CMWSSB') Chetpet, Chennai 600 031. + 1 c.c. to Mr. G.S. Mohan, Advocate. S.R.No.7063. W.P.No.1035 of 2010 SR (CO) GSK 09.02.2010. https://hcservices.ecourts.gov.in/hcservices/