Saisiva@Sivasubramanian, v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD).No.1 of 2013 Saisiva @ Sivasubramanian ... petitioner Vs.

1.The Commissioner, Chinnamanoor Municipality, Chinnamanoor, Theni District.

2.P.Suresh ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records and proceedings relating to the impugned demand notice dated 02.07.2013 in Na.Ka.No.2703/2000/A2 on the file of the first respondent and quash the same as illegal.

For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.M.Karuppasamy Pandian (for R1) Mr.J.Parekhkumar (for R2) 1/4

ORDER

The present writ petition has been filed challenging a notice issued by the first respondent Municipality to the petitioner demanding a sum of Rs.25,02,500/-(Rupees Twenty Five Lakh Two Thousand and Five Hundred only) under the Tamil Nadu Municipalities Television Cables Installation Regulation Rules, 2000 and G.O.(Ms).No.80, Municipal Administration & Water Supply (MC.I) Department, dated 30.06.2014.

2.According to the learned counsel for the petitioner, the respondent Municipality has no jurisdiction whatsoever to raise such demand for the carrying of the cable and he sought for quashing the same.

3.However, the learned counsel for the respondent Municipality conteded that the Division Bench of this Court by its order dated 01.02.2022 in W.P(MD).No.1807 of 2022 has permitted the Municipality to raise the demand, but not to take coercive steps. 2/4

4.I have perused the order passed by the Division Bench in the said writ petition.

5.The Division Bench has observed that the said Rules have been stayed by the Division Bench of this Court. In view of the stay order granted to the Rules, under which the present demand has been issued, the impugned order in the present writ petition is set aside. However, the respondent Municipality is at liberty to issue a fresh demand notice, incase if the Rules are upheld by the Division Bench of this Court.

6.With the above observations, the Writ Petition stands allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

03.08.2022 Index :

Yes / No Internet :

Yes / No Rmk 3/4

R.

VIJAYAKUMAR ,J.

Rmk Order made in and M.P(MD).No.1 of 2013 Dated:

03.08.2022 4/4