IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 07.04.2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.8685 of 2011 and M.P.No.1 of 2011 M/s.ATM Enterprises, rep. By its Proprietor A.Abdul Karim, S/o.K.A.Kasim, Shop No.5, Door No.15/1/5, Thambbiah Road, West Mambalam, Chennai 33 .. Petitioner. Versus 1.The Chairman, Chennai Metropolitan Water Supply and Sewerage Board, Kamarajar Salai, Chennai. 2.The Area Engineer, CMWSSB, Area VIII Office, No.9, Muthukrishnan Street, T.Nagar, Chennai 17. 3.T.C.Kunhanhu .. Respondents. Prayer: Petition filed seeking for a writ of Mandamus, directing the second respondent herein to receive the arrears amount as per their demand notice bearing No.O8/125/0631/000003 dated 31.03.2011 in installments as may be stipulated by this Hon'ble Court. For Petitioner : Mr.R.Sivakumar For Respondents : Mr.G.S.Mohan (For R1 and R2) O R D E R
Heard the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondents 1 and 2.
2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that the petitioner would pay the entire amount of Rs.1,18,332/-, demanded by the second respondent, by the impugned demand notice, dated 31.03.2011, in four equal monthly installments. He had further submitted that the first installment would be paid on or before 30.04.2011. The subsequent installments shall be paid by the petitioner in the last week of the succeeding months.
3. The learned counsel appearing on behalf of the respondents 1 and 2, has no objection for such an order being passed by this Court. He has also submitted that even though the impugned demand notice had not been issued to the petitioner, it would be open to the petitioner to pay the arrears of Water Supply and Sewerage Tax and the charges, as per the impugned demand notice, dated 31.03.2011.
4. In such circumstances, the petitioner is directed to pay the amount of Rs.1,18,332/-, as per the impugned demand notice, dated 31.03.2011, issued by the second respondent, in four equal monthly installments, beginning from 30.04.2011. The subsequent installments shall be paid during the last week of the succeeding months, viz., May, June and July, 2011. If the petitioner defaults in the payment of the installments, as stated above, it would be open to the respondents 1 and 2, to initiate appropriate action, as per law, to recover the tax, as well as the charges leviable, in respect of the property in question.
The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed.
cse
To
1.The Chairman,
Chennai Metropolitan Water Supply
and Sewerage Board,
Kamarajar Salai, Chennai.
2.The Area Engineer, CMWSSB,
Area VIII Office,
No.9, Muthukrishnan Street,
T.Nagar,
Chennai 17