RAJAMUTHAIAH CHETTIAR Vs. CHAIRMAN CUM MANAGING DIRECTOR

JUDGEMENT

(1.) The Petitioner Rajamuthaiah Chettiar and Charitable Educational Trust has come to this Court by filing the present writ petition to call for the records relating to the impugned proceedings of the 2nd Respondent vide their letter No. CMWSSB/AreaXA/ Depot150/spl/2009 dated 23.02.2009 and to quash the same.

(2.) The learned Counsel for the Petitioner submits that the Petitioner being a trust had applied for planning permission for construction of B.F. + stilt + 13 floors residential flats at R.S. No. 4288/8, Block No. 94, MRC Nagar Main Road, Raja Annamalai Puram, Chennai-28, which was received by the 1st Respondent on 16.03.2004. Thereafter, the 1st Respondent in his letter No. C3/8002/2004, dated 21.03.2005, directed the Petitioner to pay the following charges within 30 days for scrutiny of the application (i) development charges for land and building Rs. 1,46,000/-(ii) Scrutiny fee Rs. 16,000/-(iii) Registration charges Rs. 56,000/-(iv) Security Deposit (for the proposed development) Rs. 7,87,000/-(v) Security Deposit (for display board) Rs. 10,000/-and (vi) Infrastructure Development Charge payable to CMWSSB Rs. 5,02,000/-. Aggrieved by the said communication issued by the 1st Respondent dated 21.03.2005, earlier the Petitioner filed writ petition in WP. No. 1821 of 2005. The said writ petition was dismissed by this Court on 20.12.2006. Against which, the Petitioner filed an SLP before the Supreme Court along with a batch of cases in SLP (Civil) Appeal No. 1079 of 2009 and the same was allowed by the Supreme Court by order dated 17.02.2008 setting aside the order of this Court and remitting the matter back for fresh consideration with certain directions and the matter is still pending before this Court.

(3.) In the meanwhile, the Petitioner has completed the construction. On completion of the construction, the Petitioner applied for water connection on 27.01.2008. The Respondents have demanded a sum of Rs. 5,37,040/-on various heads. Accepting the demand made by the Respondents, the Petitioner paid the entire amount on the same day by way of D.D. No. 202363 dated 27.01.2007 for effecting the water and sewage connections, thereby, the entire issue was put at rest. The personnel of the 2nd Respondent, though commenced the work by laying pipelines, suddenly abandoned the work without making any progress and the impugned notice came to be issued demanding further sum of Rs. 3,99,360/-towards difference in service connection charges to provide water and sewage connection. The said impugned notice is under challenge in this writ petition.