Madras High Court
A.Sasidharan vs The Chennai Metropolitan Water Supply on 22 February, 2012
Author: R.Sudhakar
Bench: R.Sudhakar
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 22.02.2012 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.Nos.11412 and 11413 of 2002 A.Sasidharan ... Petitioner in both W.Ps -Vs.- 1. The Chennai Metropolitan Water Supply and Sewerage Board, rep. By its Managing Director Mount Road Chennai 2. 2. The Depot Engineer No.67 CMWSSB, H Block No.7, Anna Nagar East Chnnai 102. 3. The State of Tamilnadu rep. By its Secretary to Government Municipal Administration and Water Supply Department Fort St. George Chennai 2 ... Respondents in both W.Ps Writ Petition in W.P.No.11412 of 2002 filed under Article 226 of the Constitution of India praying to issue a Writ of declaration declaring that the Chennai Metropolitan Water Supply and Sewerage Board constituted under Act XXVIII of 1978 had constitutionally become defunct and cannot exercise any power of local bodies duly constituted in accordance with constitution 74th Amendment and ultravires, violating Article 243P, 243R, 243W, 243X, 243Y, 243Z and 243ZF of the Constitution of India read with XIIth Schedule of the Constitution of India. Writ Petition in W.P.No.11413 of 2002 filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified mandamus to call for the records relating to the disconnection notice of the second respondent in his notice dated 14.3.2002 and quash the same, consequently directing the respondent Board to provide independent water service connection to the petitioner's unit or a common connection to all the residential flats, in proportionate to the pipe width, otherwise, available to an independent house, which is assessed to water tax over the annual value of "Rs.300/- in accordance with Section 45 of the Act 28 of 1978 . For petitioner : Mr.T.Karthik Srinath For respondents : Mr.T.Gowthaman (R1 &R2) Mr..Lakshminarayanan, Govt. Advocate (R3) O R D E R
The writ Petition in W.P.No.11412 of 2002 is filed for issuance of a Writ of declaration declaring that the Chennai Metropolitan Water Supply and Sewerage Board constituted under Act XXVIII of 1978 had constitutionally become defunct and cannot exercise any power of local bodies duly constituted in accordance with constitution 74th Amendment and ultravires, violating Article 243P, 243R, 243W, 243X, 243Y, 243Z and 243ZF of the Constitution of India read with XIIth Schedule of the Constitution of India.
2. The writ Petition in W.P.No.11412 of 2002 is filed for issuance of a Writ of certiorarified mandamus to call for the records relating to the disconnection notice of the second respondent in his notice dated 14.3.2002 and quash the same, consequently directing the respondent Board to provide independent water service connection to the petitioner's unit or a common connection to all the residential flats, in proportionate to the pipe width, otherwise, available to an independent house, which is assessed to water tax over the annual value of "Rs.300/- in accordance with Section 45 of the Act 28 of 1978 .
3. After hearing the learned counsel for the petitioner and the learned counsel appearing for the respondents, it is evident that the notice under challenge has been issued in the name of the Secretary of the residential complex, which is not an assessee by itself. The assessment is in individual names. Therefore, the respondent Board seeks permission to withdraw the notice and proceed afresh for recovery of the amount in accordance with law. In view of the same, the impugned notice 14.3.2002 is set aside giving liberty to the respondent Board to proceed on the proper persons in accordance with law. The writ petition in W.P.No.11412 of 2002 is disposed of accordingly. In view of the order passed in W.P.No.11412 of 2002, the writ petition in W.P.No.11413 of 2002 questioning the constitutional power of the respondent Board is closed. No costs.
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1. The Managing Director Chennai Metropolitan Water Supply and Sewerage Board, Mount Road Chennai 2.
2. The Depot Engineer No.67 CMWSSB, H Block No.7, Anna Nagar East Chnnai 102.
3. The Secretary to Government Municipal Administration and Water Supply Department Fort St. George Chennai 2