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2.Even at the time of filing of the writ petition, the petitioner was aware of the order passed by the respondent Metro Water, dated 31.07.2008, wherein and by which the petitioner was directed to pay water and sewerage connection charges as per the application form enclosed. They were asked to apply along with the challan and other documents. They were also requested to furnish a proof of having paid the Infrastructure Development charges to the Metro Water for further action. A copy of the said order is also found enclosed in pages 19 and 20 of the typed set. However the petitioner was not asked to enclose the completion certificate in view of the earlier order passed by this Court. Thereafter, the petitioner sent representations, dated 14.8.2008 and 1.9.2008. Even without any change of circumstances and as they did not get further orders on the last representation, they filed the second writ petition being W.P.No.23668 of 2008 challenging the order dated 31.7.2008 demanding the water and sewerage connection charges as per the application form.

"ix)To avoid future violations, building should be certified as having been constructed in compliance of Planning Permit and other applicable laws. The certifying officer is personally responsible if any illegal building is certified. Electricity, water connection and occupation should be contingent on such certificate."

8.The petitioner Company have paid a sum of Rs.1,30,54,800/- towards water connection charges, sewer connection charges and advance tax. Along with challan for payment, the petitioner should have enclosed a Plan sanction by the CMDA with completion certificate, copies of letters seeking assessment of property tax, water and sewerage tax, drawing showing internal plumbing works and connection to public water/sewer main with length, nature of Road portion signed by the consumer. They must also enclose a self declaration letter for Rain Water Harvesting, proof of having paid Infrastructure Development charges to the Metro Water, an Indemnity Bond and a copy of challan. The petitioner did not furnish any formal application for water and sewerage connections along with mandatory attachments at the registration counter at Head office to process their application form. Even after the order made in W.P.No.4088 of 2008, dated 6.3.2008 by V.Dhanapalan, J., the petitioner did not submit any application for water and sewerage connection. Therefore, the petitioner was informed by the impugned order, dated 31.7.2008 that they must submit a proper application and enclose documents as per the guidelines.

9.When the petitioner's representatives had visited the Metro Water office, details were shown to the representatives to the effect that their building comes under the list of Special/Multistoried buildings and amounts paid but not registered for water and sewerage connection for requirement of Completion certificate. The petitioner instead of complying with the same, had sent an another letter, dated 1.9.2008, but did not furnish prescribed water and sewerage connection application with required documents. Thereafter, the Metro Water had sent a reply, dated 23.9.2008 by stating that they had never agreed to the application of the petitioner as it was not in due form. They have also not furnished the required documents. It is only after an interim order was passed, the petitioner Company had submitted a proper application on 24.10.2008 as per the interim order given by this court on 13.10.2008 and appropriate number was assigned to their application and sent to the Area Engineer IX. While the petitioner company had declared the number of units as 1286 and the connection charges payable was Rs.1,92,92,000/-, but an inspection by the Metro Water officials found that the total number of units were identified as 1721 and the connection charges payable at Rs.2,58,17,000/-. The petitioner company had only paid Rs.32,00,450/- towards water connection charges and Rs.60,59,350/- towards sewerage connection charges on 13.09.2006 even before filing of the writ petition. Subsequent to the interim order, as per the direction of this court, an another Rs.50,00,000/- was paid on 15.12.2008. Even though there were deficiencies, in order to obey the interim order, water and sewerage connection was effected in the building and the advance tax paid was to be adjusted towards water and sewerage charges payable. The petitioner Company was legally liable to pay a sum of Rs.2,58,17,000/-, but whereas they had paid actually Rs.1,42,59,800/- and there is still balance of Rs.1,15,57,200/-. The petitioner Company has to produce the proof of having paid Infrastructure Development charges to the Metro Water collected by the CMDA at the time of issuance of planning permission.