IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.02.2026 Coram The Honourable Mr.Justice C.Saravanan and W.M.P.No.19171 of 2025 K.Padma ...Petitioner Vs.

1. The Principal Secretary Municipal Administration and Water Supply Secretariat, Fort. St. George, Chennai – 600 009.

2. The Executive Engineer (Area X, T.Nagar)

Chennai Metropolitan Water Supply and Sewerage Board, No.9, Muthukrishnan Street, T.Nagar, Chennai – 600 017.

3. The Tahsildar, Mambalam Taluk, New No.1, Old No.2, Bharathi Dasan Salai K.K.Nagar, Chennai – 600 078. ...Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for records of the impugned Distraint Order dated 04.03.2025 in CMC No.10/135/00267/000 issued by the third respondent, being Tahsildar, Mambalam Taluk, K.K.Nagar, Chennai – 600 078 and to quash the same as arbitrary.

For Petitioner : Mr.M.Venkatesh Mahadevan For Respondents : Mrs.V.Vijayalakshmi Standing Counsel

Order

The Petitioner is before this Court challenging the Distraint Order dated 04.03.2025 in CMC No.10/135/00267/000 issued by the third Respondent, thereby, demanding the Petitioner to pay the water and sewerage charges is unsustainable.

2. This Writ Petition was heard at a considerable length of time on the previous occasion (on 23.01.2026) and thereafter, today (06.02.2026).

3. The Petitioner claims to be the owner of Flat No.B, Ground Floor, Balaji Flats, Door No.81/4, Arya Gowda Road, West Mambalam, Chennai – 600 033 since 1994.

4. According to the Petitioner, the said Complex consists of 19 residential units and four commercial units, including the Petitioner’s flat and that the Petitioner’s flat had a separate water connection from Hasthagiri Street is jointly owned by the Petitioner and his son for business activities. It is the case of the Petitioner that the said Flat at Balaji Flats, has not been used for Residential Purpose since 2017 and that the Petitioner has not was used it as a Godown in connection with the Business carried on by the Petitioner’s son, i.e. as a godown for storage of the goods for their clients, namely, Amazon, Flipcart, etc engaged in e-commerce.

5. It is case of the Petitioner that as far as three commercial shops in Ground and third Floors (each at six feet distance) are concerned, there is a separate water connection from Arya Gowda Road and that the Petitioner has not used the water since 2017.

6. It is further submitted by the learned counsel for the Petitioner that the Petitioner had also requested the Respondent, Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) to disconnect the water connection for the subject premises, since the water charges were enhanced from Rs.480/- to Rs.8,352/- since 1^st half of April 2020.

7. To fortify the same, the learned counsel for the Petitioner had also drawn the attention to a communication dated 10.09.2023, 28.05.2024, 24.06.2024 and 02.08.2024 sent to the Respondent, CMWSSB. These were filed at Page Nos.38 to 41 in the Typed-Set of Papers filed in support of this Writ Petition.

8. That apart, the learned counsel appearing for the Petitioner has also produced the Acknowledgment Card dated 31.05.2024, which bears the Seal of the Respondent No.2 in response to the communication sent by the Petitioner dated 28.05.2024, 9. The learned counsel for the Petitioner has also drawn the attention to certain Whatsapp communications dated 25.03.2023 were exchanged between the Petitioner and the Official of the Respondent, CMWSSB, and that in response to the said communications, the Respondent CMWSSB had also disconnected the water connection given to the petitioner and there was no water or sewerage connection to the said premises for the last two years.

10. The photocopy of the Whatsapp screen-shots were also filed in the Additional Typed-Set of Papers by the Petitioner.

11. It is therefore, submitted by the learned counsel for the Petitioner that since the Petitioner has not utilized t