G.Deepak Vs The Commissioner

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to consider the representation dated 22.04.2022 to conduct proper enquiry and review the Water Tax Bill CMC No.13/170/05507/000 in the schedule property at 3/2, Poomagal 4^th Street, Ekkaduthangal, Chennai – 600 097 within a stipulated time and grant time to pay the arrears as this Court may fix.

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For Petitioner : No Appearance For Respondents : Mr.N.Paul Sunder Singh, Standing Counsel

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ORDER

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The present writ petition has been filed by the petitioner praying for issuance of a direction to the respondents to consider his representation dated 22.04.2022.

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2. The brief facts of the case are as follows:

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The petitioner claims to be a co-owner of the property situated at 3/2, Poomagal 4^th Street, Ekkattuthangal, Chennai – 600 097 measuring to an

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extent of 3,600 Sq.ft with land and building (hereinafter referred to as subject property). Originally, the subject property was purchased by the

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petitioner's father viz., R.Gurumurthy in the year 1984. The petitioner's father had constructed a building on the subject property and was running a business therein.

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It is the case of the petitioner that after the demise of petitioner's father, petitioner, his mother and sisters inherited the said property. However, the family could not run the business on the subject property. It is further case of the petitioner that the petitioner was unable to step into the subject property till 2019. According to the petitioner, subject property was not used by anyone from the year 2011 to 2019 and that the petitioner had given several representations to the respondents to revise the property tax and water tax. However, the representations did not evoke any response from the respondents.

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While so, the petitioner made a written representation dated 22.04.2022 to the respondents, requesting them to conduct proper enquiry and review the property tax laid on the subject property and also, requested them to give time for paying the arrears of property tax. However, the respondents have not considered the petitioner's representation dated

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22.04.2022. But, the respondents have issued notice for initiating execution proceedings against the petitioner. Aggrieved over the same, the petitioner has filed the present writ petition before this Court.

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There is no representation for the petitioner either in person or through his learned counsel.

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Mr.N.Paul Sunder Singh, learned Standing Counsel for the respondents submitted that the petitioner's premises is provided with both water and sewerage connections rendered by the respondent Board. He further submitted that the water tax & sewerage tax were levied and collected on the basis of the annual value fixed by the Greater Chennai Corporation. The water tax and sewerage tax are in proportion to the property tax that is levied under the provisions of the Chennai City Municipal Corporation Act, 1919 now under the provisions of the Tamil Nadu Urban Local Bodies Act, 1998.

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Considering the submissions made by the learned Standing

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Counsel for the respondents and having perused the copy of petitioner's

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representation dated 22.04.2022, there shall be a direction to the respondents to consider the petitioner's representation dated 22.04.2022 and pass appropriate orders on merits and in accordance with law, preferably, within a period of six weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner for personal hearing.

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