Madras High CourtWA/2632/2023disposed of

Triplicane Taluk Mansion Owners Association v. The Managing Director

2023-10-03Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY TRIPLICANE TALUK MANSION OWNERS ASSOCIATION rep by its Secretary, Kareem Gani, No.15/8, Tassudin Khan Street, Triplicane, Chennai - 600 005.

.. Appellant Vs THE MANAGING DIRECTOR Chennai Metro Water and Sewarage Board, No.1, Pumbing Station Road, Chindhathiripet, Chennai - 600002.

.. Respondent Prayer : Appeal under Clause 15 of the Letters Patent to set aside the order passed by the learned Single Judge in W.P.No.21782 of 2023, dated 27.07.2023.

For the Appellant : Mr.P.Vijendran For the Respondent : Mrs.V.Vijayalakshmi

JUDGMENT

(Delivered by the Hon'ble Chief Justice) We have heard Mr.P.Vijendran, learned counsel for the appellant, and Mrs.V.Vijayalakshmi, learned counsel for the respondent.

2. The appellant is challenging the order dated 27.7.2023 passed by the learned Single Judge in W.P.No.21782 of 2023, thereby granting four weeks' time to pay the amount and also directing the respondent to consider the representation of the appellant dated 8.6.2023. The appellant is aggrieved by the order to the extent of granting only four weeks' time to make the payment.

3. According to learned counsel for the appellant, the amount to be paid towards arrears of tax, water charges, sewerage charges since 2018 was uploaded on one day and it is not possible for the members of the appellant society to pay the amount in a short time.

4. Learned counsel for the respondent submits that, on

1.9.2023, four weeks' time was granted to the members of the appellant society to make the payment.

5. We are not entering into the debate as to whether the writ petition was maintainable on behalf of the society.

6. The learned Single Judge has granted four weeks' time from the date of receipt of a copy of the order for making the payment. We extend the time to make the payment of the arrears of tax, water charges, sewerage charges as directed by the learned Single Judge for a further period of four weeks from today. The writ appeal is disposed of accordingly. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 03.10.2023 Index :

Yes/No Yes/No sasi

To:

THE MANAGING DIRECTOR Chennai Metro Water and Sewarage Board, No.1, Pumbing Station Road, Chindhathiripet, Chennai - 600002.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(sasi) 03.10.2023