IN THE HIGH COURT OF JUDICATURE AT MADRAS Date:9.3.2011 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR Writ Petition No.5657 of 2011 and M.P.No.1 of 2011 S.M.Abubacker. ... Petitioner vs. 1.The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, Head Office, 1, Pumping Station Road, Chintadripet, Chennai-600 002. 2.The Senior Accounts Officer, Chennai Metropolitan Water Supply and Sewerage Board, Head Office, 1, Pumping Station Road, Chintadripet, Chennai-600 002. 3.The Area Engineer, Chennai Metropolitan Water Supply and Sewerage Board, Area V - Office, 227, Near 12th Main Road, IInd Avenue, Anna Nagar, Chennai-600 040. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to levy water charges under domestic category in respect of the flat bearing No.AH-40, AH Block, 'Shanthi Colony', Anna Nagar, Chennai-600 040 in accordance with Section 47A of 'Chennai Metropolitan Water Supply and Sewerage Act, 1978 read with Rule 24 of https://hcservices.ecourts.gov.in/hcservices/ Chennai Metropolitan Water Supply and Sewerage Service Charges (Levy and Collection) Regulation, 1978. For Petitioner : Mr.A.Prabakaran For Respondents : Mr.V.Manoharan. ----- O R D E R Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents to levy water charges under domestic category in respect of the flat bearing No.AH-40, AH Block, 'Shanthi Colony', Anna Nagar, Chennai-600 040 in accordance with Section 47A of Chennai Metropolitan Water Supply and Sewerage Act, 1978 read with Rule 24 of Chennai Metropolitan Water Supply and Sewerage Service Charges (Levy and Collection) Regulation, 1978. 2. Mr.V.Manoharan, learned counsel takes notice on behalf of the respondents. By consent of both parties, the writ petition is taken up for disposal. 3. The grievance of the petitioner is that the third respondent is demanding water charges on commercial rates, whereas the property of the petitioner has been let out for residential use. On this premise, the petitioner has been repeatedly requesting the third respondent and the senior authorities to revise the levy of water charges treating it as a domestic use. In this regard, the petitioner has submitted a representation on 13.3.2010. Counsel for the petitioner states that the grievance of the petitioner would be met if the said representation is considered and disposed of on merits. 4. Mr.V.Manoharan, learned counsel appearing for the respondents states that the said representation is one year old and therefore, the petitioner should be directed to submit a fresh representation along with a copy of this order, if no order has been passed in the earlier representation on merit. 5. In view of the above, if the authorities are not finally decided the issue one way or the other, the petitioner is entitled to give a fresh representation along with a copy of this order which shall be considered by the concerned authority on merits and in accordance with law. If any final order has already been passed based on the representation dated 13.3.2010, the respondent authority can intimate the petitioner about the same and the petitioner has to pursue appropriate remedy in accordance with law. https://hcservices.ecourts.gov.in/hcservices/ 6. With the above observation, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Asst. Registrar /True Copy/ Sub Asst.Registrar ts To 1.The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, Head Office, 1, Pumping Station Road, Chintadripet, Chennai-600 002. 2.The Senior Accounts Officer, Chennai Metropolitan Water Supply and Sewerage Board, Head Office, 1, Pumping Station Road, Chintadripet, Chennai-600 002. 3.The Area Engineer, Chennai Metropolitan Water Supply and Sewerage Board, Area V - Office, 227, Near 12th Main Road, IInd Avenue, Anna Nagar, Chennai-600 040. +1CC to MR.A.PRABHAKARAN, Advocate SR No.17249 +1CC to MR.V.MANOHARAN, Advocate SR No.16962 Order in W.P.No.5657 of 2011 9.3.2011 RSV (CO) JV / 09.04.2011 https://hcservices.ecourts.gov.in/hcservices/