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Madras High CourtWP/21273/2009disposed of

Ramasamy Pandian v. The Chennai Metropolitan Water

2018-09-11Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2018

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P. No.21273 of 2009 and W.M.P.No.2 of 2009 Ramasamy Pandian ... Petitioner Vs 1.The Chennai Metropolitan Water Represented by its Managing Director, Head Office, No.1, Pumping Station Road, Chintadripet, Chennai 600 002.

2. The Area Engineer, Chennai Metropolitan Water, Area IX Office, No.15, V.V.Koil Street, Saidapet, Chennai 600 015

...Respondents

PRAYER: This writ petition has been filed under Article 226 of the Constitution of India for a Writ of Certiorari calling for the records relating to the proceedings of the 2nd respondent dated 5.1.2009 issued in SI.No. 1501 of Area/Depot/CMC No.09/134/1019/00001 and SI.No. 1502 of Area/Depot/CMC No.09/134/1019/00002 and quash the same as arbitrary,illegal,without jurisdiction and ultravires under the provisions of the Chennai Metropolitan Water Supply and Sewerage Board Act, 1978.

For Petitioner :

Mr.S.Santhan For Respondent :

Mr.V.C.Selvasekaran, Standing Counsel.

ORDER

Challenging the impugned order passed by the second respondent dated 5.1.2009 in SI.No. 1501 of Area/Depot/CMC No.09/134/1019/00001 and SI.No. 1502 of Area/Depot/CMC No.09/134/1019/00002, the petitioner is before this Court with this writ petition.

2.The impugned demand made by the Chennai Metropolitan Water Supply and Sewerage Board, is subject to the property tax imposed by the Chennai Corporation.

3.Today, in a connected writ petition filed by the petitioner herein in W.P.No.15480 of 2008, this Court has directed the petitioner to appear before the Assistant Revenue Officer, Zone 9, Saidapet, Corporation of Chennai to raise his objections in respect of enhancement of property tax on 12.09.2018.

4.In view of the above development, the respondents herein are directed to issue a fresh demand notice to the petitioner based on the orders to be passed by the Assistant Revenue Officer, Zone 9, Saidapet, Corporation of Chennai. 5.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar jbm To

1. The Managing Director, The Chennai Metropolitan Water Head Office, No.1, Pumping Station Road, Chintadripet, Chennai 600 002.

2. The Area Engineer, Chennai Metropolitan Water, Area IX Office, No.15, V.V.Koil Street, Saidapet, Chennai 600 015.

+1cc to Mr.S.Santhan, Advocate Sr.63728 +1cc to Mr.N.Ramesh, Advocate Sr.63871 W.P. No.21273 of 2009 and W.M.P.No.2 of 2009 rsk[co] srg 30/10/2018