Madras High CourtWP(MD)/20934/2025disposed of

Balakrishnan v. The Commissioner

2025-07-30Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD)Nos.16204 and 16205 of 2025 Balakrishnan ... Petitioner -vsThe Commissioner, Thuvakudi Municipality, Thuvakudi, Trichy District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the respondent vide his proceedings in Na.Ka.No. 0289/2025/A1 dated 21.03.2025, quash the same as illegal and consequently, to direct the respondent to restore the water service connection bearing No. 088/012/900071 in the petitioner's property comprised in Door No.32, Indhira Street, Thuvakudi Malai North, Trichy District. For Petitioner : Mr.T.Lenin Kumar For Respondent : Mr.M.Siddharthan Standing Counsel

ORDER

The petitioner is aggrieved by the impugned communication issued by the respondent, whereby the petitioner's request for restoration of the water service connection has been rejected on the ground that the petitioner has not paid the property tax.

2. It is the specific case of the petitioner that he was assessed to property tax of Rs.10,878/- per annum for the years 2020-2021 and 2021-2022. However, the said amount was suddenly revised to Rs.26,144/- per annum with effect from 2022-2023 and thereafter.

3. The learned Standing Counsel for the respondent, on the other hand, submits that the petitioner is in arrears of property tax for all the assessment years following the revision, and that the total arrears as on date is approximately Rs.78,000/-.

4. The learned counsel for the petitioner submits that the petitioner is willing to deposit the admitted tax liability of Rs.10,878/-. It is further informed

that the petitioner has already filed an appeal challenging the enhancement of property tax from 2022-2023 onwards.

5. The learned Standing Counsel for the respondent submits that orders are awaited in the said appeal, which has been filed under Section 100 of the Tamil Nadu Urban Local Bodies Act, 1998, as amended and in force with effect from 13.04.2023.

6. Considering the overall facts and circumstances of the case, this Court directs the petitioner to deposit a sum of Rs.45,000/- immediately, as a condition for the restoration of the water service connection. Upon such payment, the respondent shall restore the water service connection forthwith.

7. It is made clear that in the event the appeal filed by the petitioner is dismissed, the petitioner shall pay the balance amount of property tax dues. In case of failure to do so, the respondent shall be at liberty to disconnect the water service connection.

8. The Writ Petition stands disposed of accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed. NCC : Yes / No 30.07.2025 Index : Yes / No smn2 Note:- Issue order copy on 31.07.2025.

To:- The Commissioner, Thuvakudi Municipality, Thuvakudi, Trichy District.

C.SARAVANAN , J.

smn2 W .P.(MD)No.20934 of 2025 30.07.2025