IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.07.2024 CORAM THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.23272 of 2021 and W.M.P.No.24549 of 2021 Dr.M.Somasundaram Meenam Medical Centre, No.161, R.V.Nagar, Main Road, Annanagar East, Chennai – 600 102 ... Petitioner Vs.

1. Chennai Metropolitan Water Supply and Sewerage Board, Represented by its Managing Director, No.1, Pumping Station Road, Chennai – 600 002.

2. The Senior Accounts Officer VIII, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chintadripet, Chennai – 600 002. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned demand regarding arrears of water charges issued by the 2^nd respondent dated 22.10.2021 in respect of petitioner's CMC Number 08/102/00489/000 and quash the same and consequently, direct the respondents to receive the existing Metro Water Charges before the unilatral revision in respect of the petitioner's poly clinic.

For Petitioner : Mr.A.Veerasamy For Respondents : Mr.Gowtham S.Raman Standing Counsel

ORDER

This Writ Petition has been filed challenging the impugned order passed by the 2^nd respondent demanding water charges from the petitioner from October 2018 to July 2021.

2. The case of the petitioner is that, the petitioner is a Doctor and Cardiologist by profession. He is also a retired professor in Department of Cardiology from Madras Medical College. The petitioner is having poly clinic right from the year 1991 at No.161, R.V.Nagar, Main Road, Annanagar East, Chennai, in the name and style of “Meenam Medical Centre”. He also has Metro Water Supply and Sewerage connection in his Poly Clinic and he has been paying Water Charges without any default.

Till the year 2018, his poly clinic has been classified as commercial building by the respondents. While so, the respondent herein decided to revise the Water Charges in respect of his Clinic under the category of Private Hospital from 01.11.2018. As against the revised demand of water charges, the petitioner had represented before the 2^nd respondent on 11.04.2019 requesting him not to classify his poly clinic as private hospital for levying water charges, since his poly clinic does not contain any beds for admitting inpatients. But the respondent herein without considering the real facts has passed the order dated 25.11.2019 and rejected his claim without assigning any valid reason. The petitioner has earlier filed W.P.No.35320 of 2019 to quash the said order dated 25.11.2019 and consequently direct the respondent to collect the water charges from him in respect of his poly clinic only as poly clinic and not as a private hospital. The respondent took time to file counter in the said writ petition and the same is pending. While that being the case, the 2^nd respondent has issued a demand notice dated 22.10.2021 demanding a sum of Rs.7,41,126/- as arrears of water charges from October 2018 to July 2021. Hence, this Writ petition has been filed.

3. The respondents filed a counter affidavit denying the averments in the affidavit of the petitioner, wherein, it is stated that the petitioner's premises is named as “Meenams Medicare Centre” which was built up with G+2 floors, the Greater Chennai Corporation (GCC) has assessed the built up area of Ground Floor as 1720 sq.ft. and 1^st floor as 1840 sq.ft totalling 3,560 sq.ft and the 2^nd floor was not assessed by the GCC and it is being used for commercial purposes as hospital cum clinic with in- patient facility providing with beds in all the 3 floors, was assessed as CMC.No.08-102-00489-000 for the purpose of levying water & sewer tax and charges. The said premises is comes under Depot 102 of Area VIII. The above premises has been categorised as “Private Hospital – Commercial” with effect from December 2018. Initially, the consumer had submitted a requisition letter on 11.04.2019 to change the cate