Madras High Court
WP/29987/2023 of P.N.SRINIVAS Vs THE CHAIRMAN on 26 October 2026
W.P.No.29987 of 2023
CNR: {HCMA011849772023}
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-10-2026
CORAM
THE HON'BLE MR.JUSTICE S.RAVEEKUMAR
W.P.No.29987 of 2023
and W.M.P.No.29614 of 2023
P.N.Srinivas, M/59,
Son of P.Umamaheswara Rao,
No.3/2, Krishna Apartments 1st Floor,
Sambandam Street,
Thiyagaraya Nagar,
Chennai – 600 017.
..Petitioner
Vs.
1. The Chairman,
Chennai Metropolitan Water Supply and
Sewage Board,
No.1, Pumping Station Road,
Chintadripet,
Chennai – 02.
2. The Special Thasildar,
Chennai Metropolitan Water Supply and
Sewage Board,
No.1, Dr.Ranga Road, Abhiramapuram,
3. The Senior Accounts Officer,
Chennai Metropolitan Water Supply and
Sewage Board,
Area VII, T.Nagar,
Chennai.
..Respondents
W.P.No.29987 of 2023
This Writ Petition has been filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus to call for the records pertaining to the proceeding / ‘Distraint Order’ passed by 2nd Respondent dated 09.09.2023 and quash the same as illegal, incompetent and ultravires and consequently direct the Respondents to consider the Petitioner’s Representation dated 25.07.2023.
For Petitioner
:
Mr.S.Prathosh
for Mr.R.Jayaprakash
For Respondents
:
Mrs.V.Vijayalakshmi,
Standing Counsel
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ORDER
This Writ Petition has been filed by the Petitioner challenging the Distraint Order dated 09.09.2023 passed by the 2nd Respondent.
2. The learned counsel for the Petitioner submitted that the Petitioner is an owner of a small shop admeasuring an extent of 280 sq.ft situated at No.109/G2, G.N.Chetty Road, T.Nagar, Chennai – 600 017 (hereinafter referred to as “subject property”) which is classified under the category, “Non-Water Intensive (F-UM)” by the 1st Respondent. The 2nd Respondent has passed the impugned Distraint Order demanding the Petitioner to pay the arrear amount of Rs.90,776/- along with interest at a rate of 1.25% p.m. The learned counsel further submitted that the Respondent Department has increased the water and sewerage charges for all commercial properties by 10% per annum which is
W.P.No.29987 of 2023
exorbitant and hence, the impugned Distraint Order passed by the 2nd Respondent cannot be sustained.
3. Per Contra, the learned Standing Counsel appearing on behalf of the Respondents has placed reliance on the Counter Affidavit and submitted that the increased revision of the tariff rate for all the commercial properties is based on the Board Resolution No.31/2018 dated 11.05.2018, whereby the Respondent Board has revised the tariff for water and sewerage charges for commercial properties by 10% per annum which came into effect from 01.12.2018. The learned Standing Counsel further submitted that there is no factual dispute with regard to the extent of the subject property or with regard to the calculation adopted by the Respondent Department based on the Board Resolution. Therefore, the learned Standing Counsel submitted that this Writ Petition is liable to be dismissed.
4. Heard the learned counsel on either side and perused the materials available on record.
5. In the present case, the Respondent Department has revised the water and sewerage charges for all commercial properties by 10% per annum with effect from 01.12.2018 vide Board Resolution No.31/2018 dated 11.05.2018. As such, the Petitioner ought to have challenged the said Board Resolution, but
W.P.No.29987 of 2023
without doing so, the Petitioner has challenged the Distraint Order dated 09.09.2023 passed by the 2nd Respondent. Hence, this Writ Petition cannot be sustained.
6. For the foregoing reason, this Writ Petition is dismissed. However, liberty is granted to the Petitioner to challenge the Board Resolution No.31/2018 dated 11.05.2018, if so advised. No costs. Consequently, connected Miscellaneous Petition is closed. 26-10-2026 mrr Index: Yes/No Speaking/Non-Speaking Order Neutral Citation: Yes/No To
1. The Chairman, Chennai Metropolitan Water Supply and Sewage Board, No.1, Pumping Station Road, Chintadripet, Chennai – 02.
2. The Special Thasildar, Chennai Metropolitan Water Supply and Sewage Board, No.1, Dr.Ranga Road, Abhiramapuram,
3. The Senior Accounts Officer, Chennai Metropolitan Water Supply and Sewage Board, Area VII, T.Nagar, Chennai.
W.P.No.29987 of 2023
S.RAVEEKUMAR, J. mrr W.P.No.29987 of 2023 26-10-2026