ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to rectify the damages caused to the drainage pipelines that is connected with the property belonging to the petitioner and for a consequential direction to pay a sum of Rs.2,00,000/- towards compensation for the loss and mental agony suffered by the petitioner.

2. The case of the petitioner is that he was running a hotel business in the subject property and in the year 2018, it was let out to a tenant to continue the business. While so, the 1st respondent started the Metro Rail Project and in the course of the work, it is alleged that the drainage connection to the property of the petitioner was totally damaged/blocked. As a result of the same, there is clogging of drainage water. The petitioner was making various complaints in this regard and even legal notices were issued. Except for certain oral undertaking, there was no improvement in the situation and hence left with no other option, the present writ petition has been filed before this Court seeking for appropriate directions.

3. When the matter came up for hearing on 05.08.2021, this Court passed the following Order:

“Mr. Jayesh Dolia takes notice on behalf of the

1st respondent. Mr.A. Selvendran, learned Government Advocate takes notice for the 2nd respondent.

2. It is seen from records that the petitioner has made request as early as in the year 2018 and till now the damages that were caused to the drainage has not been rectified by the 1st respondent. Thereafter, legal notices were issued and the same also did not evoke any response.

3. The learned Standing Counsel appearing for the 1st respondent shall take instructions and positively report before this Court with regard to the rectification / repair of the damage cause to the drainage system that is connected to the property of the petitioner.

4. Post this case under the caption “For Orders”

on 25.08.2021. The learned counsel for the petitioner shall serve all the papers to the learned Standing Counsel for the 1st respondent.”

4. Thereafter, the matter was taken up for hearing on 25.08.2021 and this Court passed the following order:

“Mr.Jayesh Dolia, learned counsel appearing on behalf of the 1st respondent, submitted that the 1st respondent will file a counter affidavit along with all the relevant materials and will also give a commitment as to when the damages caused to the drainage will be completely rectified. The learned counsel submitted that the contract has now been given to the new Contractor and the 1st respondent will ensure that the damages are rectified within the time undertaken by them.

2. Post this case under the same caption on

08.09.2021. In the meantime, the counter affidavit and the materials filed along with the same shall be served on the learned counsel for the petitioner in advance.

3. The Registry is directed to print the name of Mr.C.Vigneshwaran, learned counsel appearing on behalf of the 2nd respondent.”

5. The Chief General Manager (Legal) of the Chennai Metro Rail Limited has filed an affidavit before this Court and the relevant portions in the affidavit are extracted hereunder:

“2.I most respectfully submit that CMRL had taken up the construction of underground station in Tondiarpet and cut and cover ramp in the year 2017 as part of Phase I extension from Washermanpet to Wimco Nagar. Since the metro construction involved digging in portion of TH Road for construction of underground structures, the utilities such as sewage and water lines were temporarily diverted. Along the stretch of a little more than 1 km on T.H Road 12 temporary pumping stations have been set up and CMRL along with CMWSSB officials have been working round the clock to pump out sewage from the temporary pumping stations.

3. I respectfully state that the sewage line from Agastya Junction to Appllo Hospital on TH Road was also disturbed for the UG construction works. As only on age old arch sewer was available in the area, there was