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2009 Supreme(Mad) 1797

N.PAUL VASANTHAKUMAR
Cosmo Towers Owners Association, rep. by its Secretary M. Prasada Rao – Appellant
Versus
Chennai Metropolitan Water Supply & Sewerage Board rep. by its Managing Director – Respondent


Advocates Appeared:
For the Petitioner:N. Nagu Sah, Advocate.
For the Respondent:R1, & R2, V. Manoharan, R3, G.RM. Palaniappan, R4, P. Anbarasan, Advocates.

Judgment :-

The prayer in this writ petition is to issue a Writ of Mandamus forbearing the water and sewerage connections to the flat building known as "Cosmo Towers" at premises No.11/11A, New No.22, Dr. Thomas Road, T.Nagar, Chennai-17 under the pretext of non-payment of arrears of water and sewerage tax and water charges payable by the third and 4th respondents in respect of their respective flats.

2. The case of the petitioner Association is that the members of the petitioner Association had purchased various flats in the residential flat building known as "Cosmo Towers" at Premises No.11/11A, New No.22, Dr.Thomas Road, T.Nagar, Chennai - 17, promoted by M/s. Nair Fincon Limited, now called as M/s.Cosmo Foundations Limited, represented by its Director, the third respondent herein. The Association is having 30 members registered under the Tamil Nadu Societies Registration Act, 1975 with Registration No.102 of 2002. According to the petitioner, the third respondent made illegal constructions and some of the flats are retained by him for commercial purpose, though the flats were promoted for the construction of residential flats. The petitioner Association filed a suit in O.S.No.157






















































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