S Jayamoorthy v. The Executive Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.06.2025 Coram The Hon'ble Mr.Justice Krishnan Ramasamy and WMP.No.18409 of 2025 S.Jayamoorthy ... Petitioner ..Vs..

1. The Executive Director Chennai Metro Water Supply & Sewage Board, No.1, Pumping Station Road, Chinthathiripet, Chennai-600002.

2. The Chief Accounts Officer, Chennai Metro Water Area Office-X, No.9, Muthu Krishnan Salai, Thiyagaraya Nagar, Chennai-600017.

3. The Area Engineer, Chennai Metro Water Area Office-X, No.9, Muthu Krishnan Salai, Thiyagaraya Nagar, Chennai-600017. ... Respondents Prayer: This Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 24.03.2025 for reassessing the water & sewage charges to the petitioner's property vide CMC No:10/27/00215/000 by giving 1/5

opportunity of personal hearing and appropriate law full order within a stipulated period of time.

For Petitioner : Mr.V.Vijaya Kumar For Respondents : Dr.Paul Sunder Singh Standing counsel ***

ORDER

This writ petition has been filed seeking for a direction to the 1st respondent to consider the petitioner's representation dated 24.03.2025 for reassessing the water & sewage charges to the petitioner's property vide CMC No:10/27/00215/000 by giving opportunity of personal hearing.

2. The learned counsel for the petitioner submits that the petitioner purchased a flat measuring 450 Sq.ft in 1st floor in Ramya Apartment, Sri Sayee Nagar First Main Road, Virugambakkam, Chennai. Subsequently, he purchased 24 Sq.Ft. of car parking in the very same Apartments and converted the same as a room. The said room has separate electricity service connection and there is no water or sewage connection to the said room. While so, a demand notice was issued by the 3rd respondent to the petitioner on 17.09.2022, demanding a sum of Rs.1,26,522/-towards dues with respect to water and sewerage charges. Subsequently, a distraint order was passed by the Special Tahsildhar, Chennai 2/5

Metro Water for attaching the petitioner's property. Being aggrieved, the petitioner sent a representation on 24.03.2025 to the respondents to reassesss the water and Sewage charges. Since the same did not evoke any response the petitioner has come forward with the aforesaid relief.

3. Further, he would submit that the respondents are threatening the petitioner that if the demand amount has not been paid by the petitioner, coercive action will be initiated by them and the petitioner's property will be sealed.

4. The learned standing counsel appearing for the respondents would submit that the 1st respondent may be directed to consider and pass orders on the representation of the petitioner dated 24.03.2025 within a stipulated period.

5. Considering the facts and circumstances of the case, without going into the merits of the case, this Court directs the 1st respondent to consider and pass orders on the representation of the petitioner dated 24.03.2025 on merits and in accordance with law, and after affording an opportunity of hearing to the petitioner, within a period of four weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. 3/5

6. Accordingly, the writ petition is disposed of. There is no order as to costs. Consequently, connected Miscellaneous Petition is closed. 02.06.2025 Speaking/Non-speaking order Index : Yes / No arr To

1. The Executive Director Chennai Metro Water Suplly & Sewage Board, No.1, Pumping Station Road, Chinthathiripet, Chennai-600002.

2. The Chief Accounts Officer, Chennai Metro Water Area Office-X, No.9, Muthu Krishnan Salai, Thiyagaraya Nagar, Chennai-600017.

3. The Area Engineer, Chennai Metro Water Area Office-X, No.9, Muthu Krishnan Salai, Thiyagaraya Nagar, Chennai-600017.

Krishnan Ramasamy,J., arr 4/5

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