D Palaneswari v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.08.2024
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.
No.22030 of 2024 D.Palaneswari ... Petitioner Vs.
1.The Commissioner, Greater Chennai Corporation, Ripon Buildings, Park Town, Chennai 600 003.
2.The Zonal Officer, Greater Chennai Corporation, Zonal Office - XIII, No.115, Dr.Muthulakshmi Salai, Adyar, Chennai 600 020.
3.The Assistant Executive Engineer, Greater Chennai Corporation, Zonal Office - XIII, No.115, Dr.Muthulakshmi Salai, Adyar, Chennai 600 020.
4.Mr.K.Charles Vijayaraj ... Respondents 1/6
PRAYER: The Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, to direct the respondents to provide all the necessary amenities viz., water and sewerage connection, based on the petitioner's representation dated 07.06.2024, within a time to be stipulated by this Hon'ble Court.
For Petitioner : Mr.V.Ramana Reddy For Respondents : Ms.P.J.Ramadevi, Standing Counsel Nos. 1 to 3 - - - - -
ORDER
The present Writ Petition is filed for the issuance of a Writ of Mandamus, to direct the respondents to provide all the necessary amenities viz., water and sewerage connection, based on the petitioner's representation dated 07.06.2024, within a stipulated time that may be fixed by this Court.
2. The learned counsel for the petitioner submits that petitioner owns and being in possession of the dwelling house to an extent of 480 Sq.ft bearing Old No.11/2, New No.27, Govindarajapuram 2nd Street, Adyar, Chennai - 600 020. The petitioner is continuously paying property tax and water tax till the year 2008-2009. While such facts are being so, there was 2/6
an unnecessary land dispute raised by the neighbourhood and because of which, the respondents' authorities stopped receiving tax payments. Later all the disputes resolved by adjudicating the matter before respective forum and at present as per the proceedings conducted by the Housing and Urban Development Department, Secretariate, Chennai. In the said circumstances, the petitioner is entitled to pay the property tax and water tax to the respondents authorities concerned. But, the authorities denied to pay the water tax. Hence, on 07.06.2024, the petitioner made a representation before the respondents and requested to receive tax payments and to provide all the necessary amenities viz., water and sewerage connection, but, there was no action taken by the official respondents. Hence, the present Writ Petition is filed to direct the respondents to dispose of the petitioner's representation dated 07.06.2024.
3. Heard Ms.P.T.Ramadevi, learned Standing Counsel appearing for respondent Nos.1 to 3.
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4. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the respondents authorities to consider the petitioner's representation dated 07.06.2024 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of four
(4) weeks from the date of receipt of a copy of this order. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
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To 1.The Commissioner, Greater Chennai Corporation, Ripon Buildings, Park Town, Chennai 600 003.
2.The Zonal Officer, Greater Chennai Corporation, Zonal Office - XIII, No.115, Dr.Muthulakshmi Salai, Adyar, Chennai 600 020.
3.The Assistant Executive Engineer, Greater Chennai Corporation, Zonal Office - XIII, No.115, Dr.Muthulakshmi Salai, Adyar, Chennai 600 020.
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KRISHNAN RAMASAMY, J.
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