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Madras High CourtWP/12609/2025disposed of

Mr.Murugadoss v. The Thashildar / Deputy Collector

2025-07-23Honourable Mrs.Justice N. Mala5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2025

CORAM:

THE HONOURABLE MRs. JUSTICE N.MALA Murugadoss .. petitioner vs The Thasildar/Deputy Collector Chennai Metropolitan Water Supply and Sewage Board Zone - 5, Division - 59, GCC, No.1, MC Road, Old Washermenpet, Chennai - 600 021.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondent herein to deseal the premises situated at No.33, Ground Floor and First Floor Nannaiyan Street, Chennai - 600003 and consider the representation dated 17.03.2025, within a time frame limit.

For Petitioner : Mr.Hemnaag.I For Respondents : Mrs.K.Vasanthamala 1/5

O R D E R

This writ petition is filed to direct the respondent herein to deseal the premises situated at No.33, Ground Floor and First Floor Nannaiyan Street, Chennai - 600003 by considering the petitioner's representation dated 17.03.2025.

2. The petitioner is a tenant of shop premises at No.33, Ground Floor and First Floor, Nannaiyan Street, Chennai - 3. The petitioner states that the respondent without issuing any show cause notice demanded a sum of Rs.1,87,406/- towards metro water charges and drainage connection alongwith additional charges. The respondent further sealed the petitioner's shop. Aggrieved by the sealing of the petitioner's shop, the petitioner has filed the above writ petition.

3. This Court while granting interim stay to the petitioner on 08.04.2025, directed the petitioner to deposit a sum of Rs.75,000/- on or before 10.06.2025. Pursuant to the said order, the petitioner deposited a sum of Rs.75,000/- on 23.04.2025. The learned counsel for the petitioner seeks leave of this Court to pay the balance amount in six equated monthly instalments and he has also filed an undertaking affidavit to that effect. 2/5

4. Per contra, the learned counsel appearing for the respondent submits that the petitioner is bound to pay 1% surcharge amount on the balance amount payable by him and so appropriate directions may be issued for the payment of the surcharge amount along with the instalments.

5. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent and perused the materials available on record. 6.The petitioner has filed an undertaking affidavit on 21.07.2025 undertaking to pay the demand amount of Rs.1,87,406/- in six equated monthly instalments. The undertaking affidavit is recorded. As rightly contended by the respondents, the petitioner is bound to pay 1% surcharge amount on the balance amount payable (i.e) Rs.1,87,406 - Rs.75,000 (paid as per interim order of this Court dated 08.04.2025) along with the instalment.

7. In view of the compliance of the order of this Court dated 08.04.2025 and the undertaking affidavit filed by the petitioner on 21.07.2025, the respondent is directed to deseal the premises of the 3/5

petitioner forthwith. It is further clarified that if the petitioner defaults in remitting any of the instalments, the respondent will be at liberty to proceed in accordance with law.

8. With the above directions, this writ petition is disposed of. No costs.

23.07.2025 Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh To The Thasildar/Deputy Collector Chennai Metropolitan Water Supply and Sewage Board Zone - 5, Division - 59, GCC, No.1, MC Road, Old Washermenpet, Chennai - 600 021.

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N. MALA , J.

tsh 23.07.2025 5/5