P Chandra Mohan v. The Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)No.5876 of 2025 P.Chandra Mohan ... Petitioner -vs1.The Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600009.
2.The Commissioner, O/o. the Commissioner, Tirunelveli Corporation, Tirunelveli District.
3.The Assistant Commissioner, O/o. the Commissioner, Tirunelveli Corporation, Tirunelveli District.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the Demand Notice dated 18.02.2025 issued by second respondent and quash the same as bad in law and consequently, direct the second respondent to reassess street waste management
user charges (SUC) for the petitioner's property namely, Diamond Plaza Building in commercial premises located at Bell Amorses Colony, Palayamkottai, Tirunelveli District, with precise calculation in accordance with law. For Petitioner : Mr.S.M.A.Jinnah For R1 : Mr.C.Venkatesh Kumar Special Government Pleader For R2 and R3 : Mr.S.P.Maharajan Standing Counsel
ORDER
This Writ Petition has been filed seeking to quash the impugned demand notice dated 18.02.2025, issued by second respondent and consequently, direct the second respondent to reassess street waste management user charges (SUC) for the petitioner's property namely, Diamond Plaza Building in commercial premises, located at Bell Amorses Colony, Palayamkottai, Tirunelveli District, with precise calculation in accordance with law.
2. Heard both sides. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
3. There is no merit in the challenge to the impugned demand in this Writ Petition. If at all, the petitioner is aggrieved, he has to file an appeal in terms of Section 100 of the Tamil Nadu Urban Local Bodies Act, 1998 as in force with effect from 13.04.2023.
4. Accordingly, this writ petition is disposed of, with liberty to the petitioner to approach the appellate authority and raise all the grounds raised in this writ petition in the appeal. In the event, if any appeal is filed within a period of two weeks from the date of receipt of a copy of this order, the same shall be entertained by the appellate authority and disposed of in accordance with law, within a period of three months thereafter. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes / No 21.03.2025 Index : Yes / No smn2 To:- 1.The Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600009.
2.The Commissioner, O/o. the Commissioner, Tirunelveli Corporation, Tirunelveli District.
3.The Assistant Commissioner, O/o. the Commissioner, Tirunelveli Corporation, Tirunelveli District.
VIVEK KUMAR SINGH , J.
smn2 21.03.2025