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2002 Supreme(Mad) 346

P.SATHASIVAM
C. R. Chakravarthy – Appellant
Versus
Chennai Metropolitan Water Supply and Sewerage Board – Respondent


Advocates Appeared:
Mr. V. Kuberan, Advocate for M/s. Rank Associates for Petitioners. Mr. R. Venkatakrishnan, Advocate for Mr. K.R. Tamizhmani, Advocate for Respondents.

Judgment :

1. Petitioners numbering four have approached this court to issue a writ of mandamus forbearing the respondents from taking coercive action including disconnecting the water and drainage connection provided to the premises known as "BBC Plaza", No. 178-180, North Usman Road, T.Nagar, Chennai 600 017.

2. The case of the petitioners is briefly stated hereunder; The premises in which the petitioners own Office and shop is known as BBC Plaza. The said building is a commercial complex and consists of a total number of 55 units. All the units are owned by different people with proportionate undivided share in the land. Certain units are occupied by the owners themselves and rest of them have been leased out to different persons. Of all the 55 units, many of them remain unoccupied. The owners of the unoccupied units are not even contributing the expenses incurred in common, for maintaining the premises. However, the rest of the occupants are maintaining the building by sharing the cost amongst themselves. While the cost of maintenance and upkeep of the building is taken care by the occupants, it is the lawful duty of the owners only to pay the statutory levies. The statutory le















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