Madras High Court
M/S.K.A.R. Holdings Private Limited vs The State Of The Tamil Nadu on 9 February, 2024
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
W.P.No.34265 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:09.02.2024
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
Writ Petition No.34265 of 2022
and W.M.P.No.33710 of 2022
M/s.K.A.R. Holdings Private Limited,
Represented by its Director,
66(64), Cathedral Road,
Teynampet, Chennai-600 068. ... Petitioner
-vs-
1.The State of the Tamil Nadu,
Represented by its Additional Chief
Secretary to Government,
Municipal Administration and
Water Supply Department,
Fort St. George, Secretariat,
Chennai-600 009.
2.The Commissioner,
Greater Chennai Corporation,
Ripon Building,
Chennai-600 003.
3.The Regional Deputy Commissioner,
Corporation of Chennai,
Pulla Avenue, Shenoy Nagar,
Chennai-600 030.
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https://www.mhc.tn.gov.in/judis
W.P.No.34265 of 2022
4.The Chennai Metropolitan Water Supply and
Sewerage Board, Represented by its Chairman
No.1, Pumping station road,
Chintadripet, Chennai-600 031. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Declaration declaring the G.O.Ms.No.53, Municipal
Administration and Water Supply (MA.IV) Department, dated 30.03.2022
issued by the 1st respondent and consequential notification of the 2nd
respondent published in the Tamil Nadu Government Gazette in Part III
Section 2 dated 11.04.2022 followed by the 2 nd respondent vide General
Revision Notice No.11/1/22-23/473081 dated 15.06.2022 in respect of the
petitioner's property bearing assessment No.Old No.09-118-01113-000,
New No.09-118-001113-000 and the consequential revision of sewerage tax
and charges under Section 34 of the Chennai Metropolitan Water Supply
and Sewerage Act, 19 by the 4th respondent Board, as ultra vires to Article
243I, 243Q, 243X, 243Y(a)(ii), 243ZF & 265 of the Constitution of India
and Sections 98, 98A, 37, 38 read with Schedule IV of the Chennai City
Municipal Corporation Act, 1919.
For Petitioner : Mr.R.Saravanakumar
For R1 : Mr. P.Balathandayutham, SPL.G.P.
For R2 & R3 : Mr.E.C.Ramesh
For R4 : Mr.N.Paul Sunder Singh
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W.P.No.34265 of 2022
ORDER
By this writ petition, the petitioner seeks a declaration that G.O.Ms.No.53, Municipal Administration and Water Supply (MA.IV) Department, dated 30.03.2022 and the consequential Notification dated 11.04.2022 are ultra vires the Constitution and certain provisions of the Chennai City Municipal Corporation Act, 1919. By order dated 23.12.2022, in a batch of writ petitions in W.P.No.18534 of 2022 batch, wherein lead case was K.Balasubramaniam v. the Commissioner, Greater Chennai Corporation and others, this Court rejected the challenge to the above mentioned Government Order and Gazette Notification. The said decision applies squarely to the present case. Therefore, W.P.No.34265 of 2022 is dismissed by following the above mentioned judgment. There will be no order as to costs. Consequently, connected miscellaneous petition is closed.
09.02.2024 Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No kj 3/4 https://www.mhc.tn.gov.in/judis W.P.No.34265 of 2022 SENTHILKUMAR RAMAMOORTHY,J kj To
1.The State of the Tamil Nadu, Represented by its Additional Chief Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Secretariat, Chennai-600 009.
2.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai-600 003.
3.The Regional Deputy Commissioner, Corporation of Chennai, Pulla Avenue, Shenoy Nagar, Writ Petition No.34265 of 2022 Chennai-600 030. and W.M.P.No.33710 of 2022
4.The Chennai Metropolitan Water Supply and Sewerage Board, Represented by its Chairman No.1, Pumping station road, Chintadripet, Chennai-600 031.
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