Sajudeen.K.J.M v. The Commissioner Of Municipal Administration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.5388 of 2021 and W.M.P.(MD)No.4301 of 2021 K.J.M.Sajudeen ... Petitioner Vs.

1. The Commissioner of Municipal Administration, Chepauk, Chennai-5.

2. The Commissioner, Theni-Allinagaram Municipality, Theni Town, Theni District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the demand notice dated 31.08.2020 issued by the second respondent in water connection No.125/029/00041, Old water connection No.125/1300 of the petitioner's residing building in 81, Subban Street, Theni-625531 and quash the same and directing the second respondent to reassess the water tax levied to the petitioner's house.

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For Petitioner : Mr.R.Suriya Narayanan For Respondents : M/s.K.Christy Theboral Additional Government Pleader

O R D E R

The Writ Petition is directed against the demand notice dated 31.08.2020 issued by the second respondent and for further direction to the second respondent to reassess the water tax levied to the writ petitioner's house.

2. The learned Additional Government Pleader appearing for the respondents would submit that as per the Government Order in G.O. (Ms.)No.12 dated 28.01.2013, water charges has been enhanced fixing Rs.235/- per month for residential connection and Rs.705/- per month for commercial connection and the same was effected for all the 33 wards of the second respondent and water connection were given to the residence re-calculating the water charges as per the above GO. She would further submit that the writ petitioner, without challenging the concerned GO, cannot challenge the demand made against the writ petitioner. 2/4

3. At this juncture, the learned counsel appearing for the writ petitioner would submit that the present writ petition may be closed by giving liberty to the writ petitioner to challenge the concerned GO.

4. Recording the submission made on either side, this Writ Petition is closed. The writ petitioner is at liberty to challenge the concerned GO, if so advised. Consequently, connected Miscellaneous Petition is closed. No costs.

07.06.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To

1. The Commissioner of Municipal Administration, Chepauk, Chennai-5.

2. The Commissioner, Theni-Allinagaram Municipality, Theni Town, Theni District 3/4

K.MURALI SHANKAR, J csm Order made in W.P.(MD)No.5388 of 2021 and W.M.P.(MD)No.4301 of 2021 Dated : 07.06.2024 4/4