R.Sabapathy v. The Chennai Metropolitan Water Supply And Sewerage Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.09.2023 CORAM :
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.Nos.26197 and 26198 of 2023 R.Sabapathy ... Petitioner Vs.
1.The Chennai Metropolitan Water Supply & Sewerage Board, Represented by its Chairman/Managing Director, No.1, Pumping Station Road, Chintadripet, Chennai - 600 002.
2.The Senior Accounts Officer, No.1, Pumping Station Road, Chintadripet, Chennai - 600 002.
3.The Special Tahsildar, Chennai Metropolitan Water Supply & Sewerage Board, Chennai - 600 002.
4.The Commissioner Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003.
... Respondents Page No. 1 of 5
Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the records relating to the impugned Demand Notices dated 01.06.2023 and 22.07.2023, both issued by the second respondent and the consequent Notice of Attachment dated 25.08.2023 issued by the third respondent, in respect of Service Connection No.05/058/04822/000, relating to property situated at No.13, Purasawalkam High Road, Vepery, Chennai - 600 007, quash the same as arbitrary and illegal.
For Petitioner : Mr.Aravind Pandian Senior Counsel for Mr.Salai Varun For Respondents :
For R1 to R3 : Mrs.V.Vijayalakshmi Standing Counsel For R4 : Mr.P.Prithvi Chopda Standing Counsel
ORDER
Mrs.V.Vijayalakshmi, learned Standing Counsel takes notice on behalf of the first to third respondents and Mr.P.Prithvi Chopda, learned Standing Counsel takes notice on behalf of the fourth respondent. Page No. 2 of 5
2. Heard the learned Senior Counsel for the petitioner, the learned Standing Counsel for the first to third respondents and the learned Standing Counsel for the fourth respondent.
3. Already, an interim order came to be passed by this Court in W.P.No.24341 of 2023 dated 17.08.2023, wherein, the petitioners were directed to deposit 25% of the disputed water and sewerage tax/charges.
4. The respondents are directed to consider the objections/representations dated 08.07.2023 and 25.07.2023 of the petitioner and dispose the same within a period of four weeks from the date of receipt of a copy of this order.
5. Pending such exercise, subject to the petitioner complying with above requirements, all further recovery proceedings shall be kept in abeyance.
Page No. 3 of 5
6. This Writ Petition is disposed of with the above observations. No costs. Consequently, the connected Writ Miscellaneous Petitions are closed. 13.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order nsl/arb To 1.The Chairman/Managing Director, Chennai Metropolitan Water Supply & Sewerage Board, No.1, Pumping Station Road, Chintadripet, Chennai - 600 002.
2.The Senior Accounts Officer, No.1, Pumping Station Road, Chintadripet, Chennai - 600 002.
3.The Special Tahsildar, Chennai Metropolitan Water Supply & Sewerage Board, Chennai - 600 002.
4.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003.
Page No. 4 of 5
C.SARAVANAN, J.
nsl/arb and W.M.P.Nos.26197 and 26198 of 2023 13.09.2023 Page No. 5 of 5