Indian Kanoon - Search engine for Indian Law

Madras High Court

P.Karl Marx vs The Managing Director on 11 September, 2018

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :  11.09.2018

CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.No. 38967 of 2015



P.Karl Marx						... Petitioner

vs.

1.The Managing Director,
   Chennai Metropolitan Water
   Supply and Sewerage Board,
   No.1, Pumping Station Road,
   Chennai - 600 002.

2.The Area Engineer,
   Chennai Metropolitan Water
   Supply and Sewerage Board,
   Area - IX, Abiramapuram,
   Chennai - 600 028.

3.M.P.Aravinda

4.The Assistant Revenue Officer,
   Corporation of Chennai,
   Zonal Health Office,
   Zone - IX, Lake Area,
   Nungambakkam,
   Chennai - 600 034.			  		... Respondents


Prayer : Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a writ of certiorarified mandamus, calling for the records of the second respondent in his letter No. CMWSSB/Area IX/Special/2015 dated 30.10.2015, in turning down the petitioner's plea to disconnect the unauthorized/illegal water supply and sewerage connection, accorded to the third respondent to her alleged 380 sq.ft of unauthorized/illegal constructions put up at old No.8, New No.15, Gulam Abbas Alikhan, 9th street, (New Street) Thousand Lights, Chennai- 06, as illegal, to quash the same, and consequently direct the respondents 1 and 2 to disconnect the unauthorized/illegal water supply and sewerage  connection accorded on 06.08.2012 to the 3rd respondent to her aforesaid unauthorized illegal constructions / property.
		For Petitioner	: M/s. P.Karl Marx
					  (petitioner in person)

		For Respondents   : Mr.N.Ramesh for R1
					  : Mr.R.Arun Mozhi for R2 and R4
					  : M/s.M.P.Aravinda for R3
					    (party in person)			 	
					
					O R D E R	

The grievance of the writ petitioner is that, his name has not been entered in the revenue records of the Corporation of Chennai for the purpose of payment of property tax and other charges. Consequent to the denial of the entry in the revenue register by the Corporation of Chennai, the writ petitioner is unable to get proper assessment order even from the Chennai Metro Water Board.

2. At the outset, the writ petitioner states that, his name has not been entered in the revenue records of the Corporation of Chennai, in spite of his representation on the grounds that certain disputes prevailing in respect of the property.

3. This Court is of the opinion that, the 4th respondent, Assistant Revenue Officer, Corporation of Chennai is empowered to conduct an inquiry and by affording reasonable opportunities to all the parties concerned and pass order on merits and in accordance with law. In this regard, the Assistant Revenue Officer shall verify the connected records and documents if any produced by the respective parties and take a decision.

4. In this view of the matter, the writ petitioner is directed to submit a fresh representation along with the connected documents and other records within a period of 4 weeks from the date of receipt of a copy of this order. If any such representation is received from the writ petitioner, the 4th respondent Assistant Revenue Officer, Corporation of Chennai is directed to consider the same on merits and by affording reasonable opportunities to all the parties and pass orders within the period of 12 weeks thereafter.

S.M.SUBRAMANIAM.J pkn

5. With these directions, the writ petition stands disposed of. However no order as to costs.

11.09.2018 Index : Yes Internet: Yes Speaking Order pkn To

1.The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chennai - 600 002.

2.The Area Engineer, Chennai Metropolitan Water Supply and Sewerage Board, Area - IX, Abiramapuram, Chennai - 600 028.

3.M.P.Aravinda

4.The Assistant Revenue Officer, Corporation of Chennai, Zonal Health Office, Zone - IX, Lake Area, Nungambakkam, Chennai - 600 034.

11.09.2018