N.B.Ravindran v. The Chennai Metropolitan Water Supply And Sewerage Borad
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2024
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.No.2478 of 2024 N.B.Ravindran ... Petitioner -vs1.The Chennai Metropolitan Water Supply and Sewerage Board, Rep. by its Managing Director, No1, Pumping Station Road, Chintadripet, Chennai 600 002.
2.Senior Account Officer, CMWSSB Area IX, 1, Dr.Ranga Road, Abhiramapuram, 3.The Special Tahsildar, CMWSSB, Area - IX, No.1, Dr.Ranga Road, Abhiramapuram, 4.The Area Engineer, CMWSSB, Area IX, No.1, Dr.Ranga Road, Abhiramapuram, 1/7
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorari, calling for the records in the taxes levied to the petitioner's metro water and Sewerage Connection in CMC No.09/117/00614/000 via Demand Notice dated 02.09.2023 issued by 3rd respondent and quash the same as illegal, arbitrary.
For Petitioner : Mr.D.Selvam For Respondents : Mrs.A.Vijayalakshmi, SC (CMWSSB) **********
ORDER
A demand notice dated 02.09.2023 is challenged in this writ petition. Mrs.A.Vijayalakshmi, learned standing counsel for CMWSSB, accepts notice on behalf of the respondents. She raises the preliminary objection that this writ petition is not maintainable in 2/7
view of the demand notice dated 13.07.2023 having been challenged previously in W.P.No.26065 of 2023. Learned standing counsel also submits that the petitioner's service connection stands restored.
2. Learned counsel for the petitioner submits that the petitioner remitted water charges and Water and Sewerage Tax regularly and that the impugned demand arises as a result of the retrospective revision of charges from the second half of 2018-19.
3. The order dated 04.09.2023 in W.P.No.26065 of 2023 is to the effect that the petitioner should challenge the resolution by which the tariff was increased. Since the petitioner has not challenged such resolution and has merely challenged a subsequent demand notice on the same ground, the petition, as framed, is not maintainable.
4. Therefore, this writ petition is disposed of by leaving it open to the petitioner to challenge the resolution by which the tariff was 3/7
increased from the second half of 2017-18. If the petitioner makes a request to the CMWSSB to provide a copy of such resolution, CMWSSB shall provide the same.
5. W.P.No.2277 of 2024 is disposed of on the above terms. No costs. Consequently, W.M.P.No.2478 of 2024 is closed. 02.02.2024 rna Index : Yes / No Internet : Yes / No To 1.The Chennai Metropolitan Water Supply and Sewerage Board, Rep. by its Managing Director, No1, Pumping Station Road, Chintadripet, Chennai 600 002.
2.Senior Account Officer, CMWSSB Area IX, 1, Dr.Ranga Road, Abhiramapuram, 3.The Special Tahsildar, CMWSSB, Area - IX, 4/7
No.1, Dr.Ranga Road, Abhiramapuram, Chennai 600 018.
4.The Area Engineer, CMWSSB, Area IX, No.1, Dr.Ranga Road, Abhiramapuram, 5/7
SENTHILKUMAR RAMAMOORTHY,J rna and W.M.P.No.2478 of 2024 6/7
02.02.2024 7/7