LAWS(MAD)-2011-4-353

G CHANDRASEKARAN PILLAI Vs. CHAIRMAN CUM MANAGING DIRECTOR

Decided On April 05, 2011
G.CHANDRASEKARAN PILLAI Appellant
V/S
CHAIRMAN CUM MANAGING DIRECTOR Respondents

JUDGEMENT

(1.) THE petitioner herein is having a shop bearing No.17, situated in TNHB Complex, Jawarharlal Nehru Road, Vadapalani. THE petitioner has been paying the water and sewerage tax by a impugned demand dated 16.02.2005. THEreafter, the petitioner was asked to pay sewerage charges and the petitioner also gave a reply dated 14.03.2005. However, without considering the same, cut off notice was issued by the respondents. THErefore, challenging the impugned demand, made for the sewerage charges, the petitioner has come forward to file the present Writ Petition.

(2.) IT is submitted by the learned counsel for the petitioner that by way of interim order, 50% of the demand, sought to be made on the petitioner has been paid and thereafter, the remaining amount has also been paid.

(3.) THE learned counsel appearing for the respondents submitted that admittedly, the petitioner has been given sewerage connection. When the petitioner has been enjoying the said connection and using the same, he cannot challenge the payment of charges, that are due from him. THE Regulation 12 (ii) of CMWSSB provides for levying of sewerage charges, payable by the consumer whose flats/shops/premises possess sewerage connection. THErefore, the petitioner cannot question the liability, to pay the sewerage charges. Hence, he submitted that order impugned will have to be sustained.