A. Sasidharan v. Chennai Metropolitan Water Supply
2012-02-22
R.SUDHAKAR
body2012
DigiLaw.ai
Judgment :- 1. 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.