E. JEEVANANDAM Vs. N. KOTESWARA RAO

JUDGEMENT

(1.) The petitioner was the Chairperson of the erstwhile Maduravoyal Town Panchayat. On 28/11/2001, during his tenure as Chairperson, a resolution was passed by the local body to provide sewerage facilities to the area enclosing a list of streets in which ward No 147 of Rukmani Nagar Road, Chennai was included. A scheme was prepared in terms of the request made by the local body.

(2.) On 3/6/2009, the Government accorded administrative sanction for spending an amount of Rs.57.45 crores. The scheme commenced on 18/8/2009. Sewerage facilities were laid since there was no objection except for an area covering 110 meters at Rukmani Nagar Road. The sewerage main was laid down both upstream and downstream of Rukmani Nagar except to the extent of the 110 meters. The petitioner purchased the property in 2011, inclusive of the road over which the proposed sewerage line was sought to be laid.

(3.) Certain civil disputes are pending before the civil court as regards the claim of the petitioner in regard to the ownership of the land. Notice was issued to the petitioner under Sec. 67(3) of the Chennai Metropolitan Water Supply and Sewerage Act, 1978[1]. The petitioner suggested that an alternative route should be taken for laying the sewerage line. On 19/6/2015, an order was passed invoking the provisions of Sec. 67(3) of the 1978 Act. This gave rise to a writ petition at the behest of the petitioner.