M/S.Oncocare Health Works And Molecular Engieering Pvt Ltd., v. Chennai Metropolitan Water Supply And Sewerage Board,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.10811 and 10818 of 2023 and WMP.Nos.10751 & 10758 of 2023 M/s.Oncocare Health works and Molecular Engineering Pvt Ltd.
Rep. by its Director, S.Shreedharan, Ashirwad Towers, Old No.182, New No.2, Kodambakkam High Road @ Dr.M.G.r. Salai, Nungambakkam, Chennai-34.
.. Petitioner in both the petitions Vs.
1. Chennai Metropolitan water Supply and Sewerage Board, Rep. by its Managing Director, No.1, Pumping Station Road, Chintadripet, Chennai-600 002.
2. Area Engineer, Area IX of CMWSSB, Chennai-600 018.
3. Kanchan Bhandari
4. Pradeep Bhandari
5. Sanjay Bhandari
6. Sundeep Bhandari
7. Sachin Bhandari ..Respondents in both the petitions Common Prayer: Petitions filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus forbearing the first and second respondent from disturbing the peaceful possession and occupation of the petitioner with regard to the claim of Water Tax dues liable to be paid by the third to seventh respondents with regards to the property at Ashirwad Towers Old No.182, New No.2, Kodambakkam High Road @ Dr.M.G.r. Salai, Nungambakkam, Chennai-600 034.
For Petitioner : Mr.B.Natarajan For Respondents : Mr.Paul Sunder Singh, Standing Counsel CMWSSB COMMON ORDER Since the issued involved in both the cases are one and the same and hence, both the petitions are disposed of by way of this common order.
2. These writ petitions have been filed forbearing the first and second respondent from disturbing the peaceful possession and occupation of the petitioner with regard to the claim of Water Tax dues liable to be paid by the third to seventh respondents with regards to the property at Ashirwad
Towers Old No.182, New No.2, Kodambakkam High Road @ Dr.M.G.r. Salai, Nungambakkam, Chennai-600 034.
3. It is the case of the petitioner that the petitioner is a lessee of the entire building in the afore mentioned address and he entered into four similar identical lease agreement with the landlords who are the respondents 3 to 4 and the petitioner is in possession and enjoyment of the same. However, the second respondent issued notice demanding water tax and arrears of water tax in respect of the petitioner premises. Under the terms and conditions of the lease, the respondents 3 to 7 are liable to pay the said amount to the second respondent. However, they are not paid and hence, the first and second respondents are trying to evict the petitioner from the said premises. Hence, the present petitions.
4. The learned Standing Counsel for the respondents 1 & 2 submitted that the petitioner will not be evicted without following due process of law.
5. Recording the said submission of the learned Standing Counsel, the writ petitions are disposed of with liberty to the respondents 1 and 2 to
proceed with the matter in accordance with law. No costs. Consequently, connected miscellaneous petitions are closed. 18.04.2023 rli Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To
1. Chennai Metropolitan water Supply and Sewerage Board, Rep. by its Managing Director, No.1, Pumping Station Road, Chintadripet, Chennai-600 002.
2. Area Engineer, Area IX of CMWSSB, Chennai-600 018.
M.DHANDAPANI,J.
rli | W.P.Nos.10811 and 10818 of 2023 18.04.2023