Madras court says metrowater is vested with statutory right to cutoff water for whole apartment complex if the owner makes default. Two apartment owners in Cosmo Tower made default to pay arrears of water and sewerage connection tax and charges. Chennai metrowater’s gave notice to association if the owner in apartment fails to pay arrears, water supply and sewerage connection will be disconnected for a whole of apartment.
Association of Cosmo Tower, a residential in T-Nagar Chennai, filed a petition seeking forebear the disconnection of water supply and sewerage connection due to default made by two flat owners. Justice N Paul Vasanthakumar by dismissing the writ petition filed by association stating that metrowater’s has statutory right to cut off water supply to the whole complex.
Association says it has 30 members and two flat owners are not considered as owners as they were using their flat for commercial purpose against the byelaws of the association. However two owners said the association itself had disconnected water supply to the flats of two owners. One of them had paid dues to board but Metrowater said it can disconnect the water supply if any one of them makes default.
Metrowater says association could pay arrears and recover the same from the flat owner. On the disconnection of water supply by association to two owners of the flat, court says association is not entitle to disconnect the water supply to its owner.