A.P.Babu v. The Area Engineer

ORDER This writ petition is filed to call for the records pertaining to the order of the first

respondent

dated

09.11.2020

in

letter No.CMWSSB/Area/IX/Depot.123/Spl/2020 to quash the same as illegal and consequently direct the respondents to restore the immediate water supply to the petitioner's house, at Door No.1/33, Bemmanna 2nd street, Alwarpet, Chennai.

¶2Learned counsel for the petitioner would submit that the petitioner has paid the entire fine amount, as per the order passed by this Court in W.P.No.12265 of 2020, dated 14.09.2020 and the water connection has also been restored by the respondents. However, he would further submit that, the petitioner is not liable to pay the aforesaid fine amount. Hence, he prays this Court to grant permission for making re-fund application before the respondents.

¶3In reply, learned counsel for the respondents would submit that in the event the petitioner makes re-fund application before the respondents, the same will be considered in accordance with law.

¶4Heard the learned counsel on either side and perused the materials available on record. Page3 of 4

¶5In view of the above facts and circumstances of the case, this Court directs the petitioner to make a re-fund application before the respondents within a period of two weeks from the date of receipt of a copy of this order. On such receipt, the respondents are directed to dispose of the same, on merits and in accordance with law, within a period of four weeks thereof. In the event, the petitioner is eligible for re-fund, this Court makes it clear that the said amount shall be adjusted in future. With the aforesaid directions, this writ petition stands disposed of. No costs. 06-03-2026 Index: Yes/No Speaking/Non-speaking order VM To:

¶1The Area Engineer, Zone-IX, Chennai Metropolitan Water Supply and Sewerage Board, Dr.Ranga Road, Chennai 600 018, Chennai.

¶2The Managing Director, Chennai Metropolitan Water supply and sewerage Board, No.1, Pumping station, Chindadripet, chennai 600 002. WPoNo.o19564oofo2020 KRISHNANoRAMASAMY,oJ. VM WPoNo.o19564oofo2020 06-03-2026 Page4oofo4

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-03-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY A.P.Babu ..Petitioner(s) Vs 1. The Area Engineer, Zone-IX, Chennai Metropolitan Water Supply and Sewerage Board, Dr.Ranga Road, Chennai 600 018, Chennai. 2. The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station, Chindadripet, Chennai 600 002. ..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the order of the first respondent dated 9.11.2020 in letter No.CMWSSB/Area/IX/Depot.123/Spl/2020 to quash the same as illegal and consequently direct the respondents to restore the immediate water supply to the petitioner's House, at door No.1/33, Bemmanna 2nd street, Alwarpet, Chennai 600 018, pending disposal of the writ petition. For Petitioner(s) : Mr.A.P.Surya Prakasam For Respondent(s) : Mr.K.Subramani for R1 & 2 Page2 of 4