P.Selvamahesh Raja v. The Chennai Metropolitan Water
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.09.2023 CORAM :
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.Nos.26267 and 26274 of 2023 1.P.Selvamahesh Raja ... Petitioner in W.P.No.26854 of 2023 2.S.C.Pandian ... Petitioner in W.P.No.26861 of 2023 Vs.
1.The Chennai Metropolitan Water Supply & Sewerage Board, Represented by its Chairman and Managing Director, No.1, Pumping Station Road, Chintadripet, Chennai - 600 002.
2.The Depot Engineer, Page No. 1 of 6
3.The Senior Accounts Officer, 4.The Special Tahsildar (RR), Zone -V, ... Respondents in both W.Ps Prayer in W.P.No.26854 of 2023: 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 notice issued by the second respondent dated 21.07.2023 bearing no.1443 and the notice dated 09.08.2023 issued by the third respondent bearing no.5056 and the notice dated 25.08.2023 issued by the fourth respondent in respect of CMC No.05/058/01503/000 relating to property situated at No.1114, EVR Salai, Park Town, Chennai - 600 003 and quash the same.
Prayer in W.P.No.26861 of 2023: 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 notice issued by the third respondent dated 01.06.2023 and notice dated 09.08.2023 bearing no.5437 and the notice Page No. 2 of 6
dated 21.07.2023 issued by the second respondent bearing No.1448 and the notice dated 25.08.2023 issued by the fourth respondent in respect of CMC No.05/058/04199/000 relating to property situated at No.1099/1100, Periyar EVR Salai, Periyamet, Chennai - 600 003 and quash the same. For Petitioner : Mr.A.R.Karthik Lakshmanan (In both W.Ps) For Respondents : Mrs.V.Vijayalakshmi (In both W.Ps) Standing Counsel COMMON ORDER Mrs.V.Vijayalakshmi, learned Standing Counsel takes notice on behalf of the respondents.
2. Today, a separate order has been passed by this Court in W.P.No.26766 of 2023. Almost identical issues arises for consideration in these writ petitions also.
3. In these writ petitions, the petitioners have challenged the demand of arrears of water charges for the period starting from December 2018 upto May 2023.
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4. After the impugned orders were passed, the petitioners have given their representations on 08.06.2023, 04.07.2023 and 09.07.2023.
5. Considering the above and in view of the order passed in W.P.No.26766 of 2023, these Writ Petitions are disposed by directing the respondents to pass appropriate orders on the petitioners representations dated 08.06.2023, 04.07.2023 and 09.07.2023 subject to the petitioners depositing 1/4th of the water charges.
6. In case the petitioners fails to deposit the aforesaid amount, this order shall stand automatically vacated, in which case, the respondents are at liberty to proceed against the petitioners in accordance with the impugned Demand Notice.
7. It is made clear that the amount to be paid pursuant to the order of this Court shall be treated as a amount paid under protest and shall be either refunded or adjusted or appropriated subject to final outcome of the present writ petitions.
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8. These Writ Petitions are 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 and Managing Director, Chennai Metropolitan Water Supply & Sewerage Board, No.1, Pumping Station Road, Chintadripet, Chennai - 600 002.
2.The Depot Engineer, Page No. 5 of 6
C.SARAVANAN, J.
nsl/arb 3.The Senior Accounts Officer, 4.The Special Tahsildar (RR), Zone -V, and W.M.P.Nos.26267 and 26274 of 2023 13.09.2023 Page No. 6 of 6