IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 08.03.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.2451 of 2010 and M.P.No. 1 of 2010 M/s. Sri S.B.K.K.Charitable Trust, rep. By its Chairman, No.17 Venkatapathy Street, Kilpauk, Chennai.10. Petitioner Vs. 1 The Senior Accounts Officer, Chennai Metro Water Supply Sewarage Board, Area V. 12th Main Road, 2nd Avenue, Anna Nagar, Chennai.40. 2. The Assistant Engineer, Chennai Metro Water Supply Sewarage Board, Deport No.70, No.16 Baranson Garden Street, Kilpauk, Chennai.10. ... Respondents Prayer This writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned notice reference No.05/070/1387/000000, dated 28.1.2010 served on 29.1.2010 on the file of the 2nd respondent, quash the same and direct the respondents to conduct an enquiry as contemplated to determine the actual dues on the past records in respect of the water charges. For petitioner : Mr. V. Manohar For respondents : Mr. V. Manoharan O R D E R This writ petition is filed to call for the records pertaining to the impugned notice reference No.05/070/1387/000000, dated 28.1.2010 served on 29.1.2010 on the file of the 2nd https://hcservices.ecourts.gov.in/hcservices/ respondent, quash the same and direct the respondents to conduct an enquiry as contemplated to determine the actual dues on the past records in respect of the water charges. 2. Heard Mr. Manohar, learned counsel for the petitioner and Mr.V.Manoharan, learned counsel appearing for respondents. 3. The petitioner's grievance is that the respondents have directed the petitioner to make arrangements for supply of new meter to replace a faulty meter giving only three days time to make all arrangements, failing which, it is stated that the water supply will be disconnected. Learned counsel for the petitioner states that if the respondents/department replaces the meter, the petitioner is ready and willing to pay the costs in order to avoid any further demand under the guise of faulty meter. In this regard, he pointed out that earlier, there was an inspection for which, a sum of Rs.200/- was paid, and the meter was replaced on 11.4.2009. Even then, the department is stating that the meter is defective. The action of the respondents is arbitrary. 4. With regard to the water meter reading, the petitioner has made a representation to the authorities to reconsider the demand insofar as the earlier claim is concerned. In view of the difficulty expressed by the petitioner in using the meter which has been installed earlier and found to be defective, as prayed for by the petitioner, the respondents are directed to provide a new meter and recover the cost from the petitioner. The respondent shall install the new meter within seven (7) days from the date of receipt of a copy of this order. The petitioner undertakes to pay the necessary charges for the meter and the water connection expenses. Insofar as the demand already made is concerned, the petitioner is at liberty to pursue the remedy before the authority concerned in accordance with law. This writ petition stands disposed of accordingly. Consequently, M.P. No. 1 of 2010 is closed. No costs. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ ra To 1. The Senior Accounts Officer, Chennai Metro Water Supply Sewarage Board, Area V. 12th Main Road, 2nd Avenue, Anna Nagar, Chennai.40. 2. The Assistant Engineer, Chennai Metro Water Supply Sewarage Board, Deport No.70, No.16 Baranson Garden Street, Kilpauk, Chennai.10. + 1 C.C. To Mr.V.Manohar , Advocate, SR.NO.15598 + 1 C.C. To Mr.V.Manohar, Advocate, SR.NO.15594 WP No. 2451/2010 GR(CO) https://hcservices.ecourts.gov.in/hcservices/