Madras High CourtWP/25630/2021disposed of

S.Lakshmipathy v. The Chairman

2024-02-28Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.02.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P. No.27057 of 2021 S.Lakshmipathy ... Petitioner Vs.

1.The Chairman, Chennai Metropolitan Water Supply and Sewerage Board, No.75, Santhome High Road, M.R.C. Nagar, R.A.Puram, Chennai-600 028.

2.The Area Engineer, Area V, Chennai Metropolitan Water Supply and Sewerage Board, No.1, M.C.Road, Royapuram, Chennai.

3.The Senior Accounts Officer, Area V, Chennai Metropolitan Water Supply and Sewerage Board, No.1, M.C.Road, Royapuram, Chennai.

4.The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 021.

5.The Assistant Revenue Officer, Zonal-5, Corporation of Chennai, No.61, Basin Bridge Road, Old Washermenpet, Chennai-600 021.

... Respondents 1/4

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus forbearing the Respondents 1 to 3 from taking any recovery measures against the petitioner to recover the alleged arrears of water tax and surcharge for sum of Rs.1,25,696/- and also direct the 3rd Respondent to collect the water tax with surcharges as per the old Assessment order dated 25.09.2006 bearing GSR.No.Z023/00009 of the 5th Respondent for the petitioner's property i.e., a commercial building situated at New No.35,Old No.19, Mint Street, Vallalar Nagar, Kondithoppu, Chennai-600 079, until disposal of the petitioner's appeal dated 25.02.2016 before the 4th Respondent against the property tax Revised assessment order dated 18.01.2016 bearing No.M/05/054/15-16/0258 of the 5th Respondent and a fresh adjudication of property tax assessment by the 5th Respondent.

For Petitioner : Mr.S.R.Sankareshwaran For Respondents : Mr.N.Paul Sunder Singh 1 to3

ORDER

When the matter was taken up for hearing, it was submitted by the learned counsel for the petitioner that subsequent to the filing of the writ petition the Appellate Authority has passed an order disposing of the appeal against the assessment order and therefore nothing survives for adjudication. He has also made an endorsement to that effect. 2/4

2. Recording the submission and the endorsement made by the learned counsel for the petitioner, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 28.02.2024 Speaking (or) Non Speaking Order Index : Yes/ No mka To:

1.The Chairman, Chennai Metropolitan Water Supply and Sewerage Board, No.75, Santhome High Road, M.R.C. Nagar, R.A.Puram, Chennai-600 028.

2.The Area Engineer, Area V, Chennai Metropolitan Water Supply and Sewerage Board, No.1, M.C.Road, Royapuram, Chennai.

3.The Senior Accounts Officer, Area V, Chennai Metropolitan Water Supply and Sewerage Board, No.1, M.C.Road, Royapuram, Chennai.

4.The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 021. 5.The Assistant Revenue Officer, Zonal-5, Corporation of Chennai,No.61, Basin Bridge Road, Old Washermenpet, Chennai-600 021.

3/4

MOHAMMED SHAFFIQ, J.

mka 28.02.2024 4/4