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2025 DAILYLAW 57084 (MAD)

R INBANATHAN v. THE COMMISSIONER OF GREATER CHENNAI CORPORATION

WP/19771/2025 · 2025-06-05

Krishnan Ramasamy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.19771 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.06.2025 CORAM : THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.No.19771 of 2025 and W.M.P.No.22202 of 2025 R.Inbanathan ... Petitioner Vs. 1. The Commissioner of Greater Chennai Corporation, Greater Chennai Corporation, Ripon Building, Poonamallee High Road, Chennai- 600003. 2. The Chennai Metropolitan Water Supply and Sewerage Board, Head Office, No.1, Pumping Station Road, Chendatripet, Chennai- 600002. 3. The Senior Accountant Officer Chennai Metropolitan Water Supply and Sewerage Board, No.1, M.C.Road, Anna Poonga, Old Washermenpet, Chennai- 600021. … Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the notice dated 22.01.2025 isssued by the 3rd Respondent in Water and Sewerage Tax in Assessement https://www.mhc.tn.gov.in/judis W.P.No.19771 of 2025 I.D.No.05/059/004729, for demanding the due amount of Rs.1,18,859/-, and to quash the same and further to direct the Respondents to consider the petitioners representation dated 22.02.2025. For Petitioner : Mr.T.Shanmuga Boopathi for Mr.S.Vijayaraghavan For Respondents : Mr.S.Gopinathan (R1) Standing Counsel Mr.M.Vinoth (R2 and R3) Standing Counsel ORDER This writ petition has been filed challenging the notice dated 22.01.2025, isssued by the 3rd Respondent in Water and Sewerage Tax in Assessement I.D.No.05/059/004729, for demanding the due amount of Rs.1,18,859/-, and to quash the same and further direct the Respondents to consider the petitioner's representation dated 22.02.2025. 2. Mr.S.Gopinathan, learned Standing Counsel takes notice for the 1st respondent. Mr.M.Vinoth, learned Standing Counsel takes notice for the respondents 2 and 3. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself. 3. The learned counsel for the Petitioner would submit that https://www.mhc.tn.gov.in/judis W.P.No.19771 of 2025 without issuing any notice and without affording an opportunity of personal hearing to the petitioner, the 3rd respondent has issued the impugned notice by exobitantly increasing the Water and Sewerage Tax. In this regard, the petitioner submitted a representation to the respondents on 22.02.2025 and the same has not been disposed of till date. Hence, the petitioner is before this Court by way of this Writ Petition. 4. The learned counsel for the respondents, after getting instructions would submit that the respondents may be directed to pass orders on the representation of the petitioner within the stipulted time. 5. Heard both sides and also perused the materials available on record. 6. In the present case, demand notice was issued without without issuing any notice and without affording an opportunity of hearing to the petitioner. However, since the petitioner made a representation on 22.01.2025, the respondents are directed to pass orders on the same, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of https://www.mhc.tn.gov.in/judis W.P.No.19771 of 2025 hearing to the petitioner. The respondents are directed to defer the recovery proceedings till the disposal of the representation made by the petitioner. 8. With the above directions, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are also closed. 05.06.2025 arr Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No https://www.mhc.tn.gov.in/judis W.P.No.19771 of 2025 To: 1. The Commissioner of Greater Chennai Corporation, Greater Chennai Corporation, Ripon Building, Poonamallee High Road, Chennai- 600003. 2. The Chennai Metropolitan Water Supply and Sewerage Board, Head Office, No.1, Pumping Station Road, Chendatripet, Chennai- 600002. 3. The Senior Accountant Officer Chennai Metropolitan Water Supply and Sewerage Board, No.1, M.C.Road, Anna Poonga, Old Washermenpet, Chennai- 600021. KRISHNAN RAMASAMY, J. https://www.mhc.tn.gov.in/judis W.P.No.19771 of 2025 arr W.P.No.19771 of 2025 05.06.2025 https://www.mhc.tn.gov.in/judis