P ANJALATCHI Vs. CHAIRMAN

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

(2.) THE petitioner has stated that she is the owner of the premises bearing No.19, Salaiyar Lane, Raja Gramini Thottam, Chennai-28. She had obtained water supply and Sewage connections from the respondents, 12 years ago. THE residents in the said lane have no direct access to Salaiyar, lane except through a common pathway. THEre are four houses on either side of the common pathway. THE electricity, water supply and drainage connection lines are laid through the common pathway having access to Salaiyar Lane. THE septic tanks are sunk in the said common pathway opposite to the houses.

(3.) CONSIDERING the submissions made on behalf of the petitioner, as well as the respondents and on a perusal of the records available, it is clear that the Chennai Metropolitan Water Supply and Sewerage Board, has no powers to remove the installations made by respondents 4 to 8 in the common pathway in question. Since it is a matter pertaining to a dispute between the petitioner on the one hand and the respondents 4 to 8 on the other, it is not proper for the petitioner to settle it by way of a writ petition filed, under Article 226 of the Constitution of India. It is open to the petitioner to settle the disputed issues by way of appropriate civil proceedings in the manner known to law. In such view of the matter, the writ petition is liable to be dismissed. Hence, the writ petition is dismissed. No costs.