Mr.Eswaramoorthy v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2016 CORAM :

The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.25831 of 2014 and MP.Nos.1 and 2 of 2014 Mr.Eswaramoorthy

...Petitioner

Vs 1.The Commissioner, Department of Corporation Administration and Water Supply, Chepauk, Chennai-5.

2.The Commissioner, Coimbatore Corporation, Kadai Veethi, Coimbatore-1.

3.The Assistant Commissioner, (Centre Zone), Coimbatore Corporation, Osoor Road, Coimbatore.

4.The Assistant Commissioner (Revenue), Coimbatore Corporation Kadai Veethi, Coimbatore-1.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the 3rd respondent in letter dated 10.5.2012 in Na.Ka.No.6269/2012/A1(Ma), quash the same and consequently direct respondents 2 to 4 to implement the order in TAT No.44/2007/S dated 6.11.2008 and W.P.No.8405 of 2012 dated 3.4.2012 and direct the 1st respondent to give reconnection to the disconnected water and drainage connection to the petitioner's property.

For Petitioner :

Mr.B.Nedunchezhiyan For Respondent-1 :

Mr.S.Diwakar, SGP For Respondents 2to4 :

Mr.R.Sivakumar

ORDER

The petitioner seeks to quash the demand made by the third respondent and to direct respondents 2 to 4 to implement the order of this Court dated 3.4.2012 and to restore water connection.

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2. Learned counsel for the respondent Corporation submits that the order and direction in W.P.No.8405 of 2012 dated 3.4.2012 was implemented. Subsequently, the petitioner sought for revision of assessment on the ground that a portion of the property has been sold. This has been considered, the order is ready and the Commissioner is yet to sign the order. It is further stated that the order will be signed and communicated to the petitioner within two days from today.

3. It is needless to state that as soon as the revised order is served on the petitioner, the entire arrears of property tax payable by the petitioner for the portion owned by him shall be cleared and after effecting such payment, the water connection shall be restored.

4. With the above directions, the writ petition is disposed of. No costs. Consequently, the above MPs are closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar RS To 1.The Commissioner, Department of Corporation Administration and Water Supply, Chepauk, Chennai-5.

2.The Commissioner, Coimbatore Corporation, Kadai Veethi, Coimbatore-1.

3.The Assistant Commissioner, (Centre Zone), Coimbatore Corporation, Osoor Road, Coimbatore.

4.The Assistant Commissioner (Revenue), Coimbatore Corporation Kadai Veethi, Coimbatore-1.

+ 1 cc to Mr.R. Sivakumar, Advocate Sr.64238 WP.No.25831 of 2014 & MP.Nos.1 and 2 of 2014 MSM(CO) Eu 18.11.16 https://hcservices.ecourts.gov.in/hcservices/