Madras High Court
Mr.Karthik Sabanayagam vs The Union Of India on 13 December, 2021
W.P.No.29600 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.12.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.29600 of 2014
and
M.P.Nos.1 to 3 of 2015
Mr.Karthik Sabanayagam ... Petitioner
Vs
1. The Union of India,
Represented Department of Revenue,
Government of Puducherry,
Puducherry.
2. The Tahsildar,
Villanur Taluk,
Villanur,
Puducherry.
3. The Superintending Engineer,
Department of Electricity,
Government of Puducherry,
Puducherry.
4. The Junior Engineer,
(Operation & Maintenance),
Department of Electricity,
Government of Puducherry,
Thiruvandar Koil,
Villianoor Taluk,
Puducherry.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.29600 of 2014
5. M/s.Sri.Bhuvaneswari Chemicals
Pvt.Ltd., Having Registered Office at
R.S.94/4, Thirubhuvanai Village,
Puducherry- 107. ...Respondents
PRAYER : Writ Petition filed Under Article 226 of the Constitution of India,
to issue a writ of Certiorari, calling for records and quash the impugned
demand notice dated 26.05.2014 issued by the 2nd respondent.
For Petitioner :Mr.S.Parthasarathy,
Senior Counsel,
For Mr.Suhrish Parthasarathy.
For Respondents :M/s.N.Mala,
Government Pleader (Puducherry),
For R1 to R4.
R5 - Dismissed vide court order
dated 08.09.2016.
ORDER
The demand notice issued prior to attachment of land is under
challenge in the present writ petition.
2. The petitioner purchased the property as vacant land covered with
compound wall. The petitioner claims that he is the bona fide purchaser
having paid valid consideration and he is in possession and enjoyment of this
subject property.
https://www.mhc.tn.gov.in/judis
W.P.No.29600 of 2014
3. The vendor of the property also clarified that he paid all the
statutory charges. However, the petitioner received the demand notice stating
that the petitioner is liable to pay Electricity Consumption Charges. However,
the learned senior counsel appearing on behalf of the petitioner states that the
petitioner being the bona fide purchaser is not liable to pay any such
Electricity Consumption Charges.
4. The learned counsel appearing for the respondents 1 to 4 relied on
the judgment of the Hon'ble Supreme Court of India passed in C.A.No.1815
of 2020 dated 01.06.2020, wherein it was held that the purchasers of the
properties are liable to settle the statutory dues on behalf of the third vendors.
5. However, this Court is of the opinion that the disputed issues
require adjudication, so as to utilize the rights of the parties with reference to
the facts and circumstances. No doubt, the statutory dues are to be paid to the
competent authorities. However, in the present case, who is liable to pay and
to what extent is to be determined, by conducting an adjudication.
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W.P.No.29600 of 2014
6. The learned counsel for the respondents 1 to 4 states that the
quantum of charges to be paid has already been determined by the competent
authorities in consonance with the provisional statute and communicated
through the impugned demand notice i.e., Rs.51,11,244/-.
7. Under these circumstances, the petitioner is entitled for providing
an opportunity to submit his objections and such objections are to be
considered as the petitioner claims to the bona fide purchaser of the subject
property.
8. Accordingly, the petitioner is at liberty to submit all his
objections/explanations along with the relevant documents if any, within a
period of two weeks. On receipt of the explanations if any from the petitioner,
the second respondent is directed to consider the same by conducting an
enquiry and pass final orders on merits and in accordance with law within a
period of four weeks from the date of receipt of a copy of explanation if any,
from the petitioner and accordingly, take all further actions in accordance
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W.P.No.29600 of 2014
with law.
9. With these directions, this Writ Petition stands disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
13.12.2021
Internet:Yes
Index : Yes
kmm
To
1. The Department of Revenue,
Union of India,
Government of Puducherry,
Puducherry.
2. The Tahsildar,
Villanur Taluk,
Villanur,
Puducherry.
3. The Superintending Engineer,
Department of Electricity,
Government of Puducherry,
Puducherry.
4. The Junior Engineer,
(Operation & Maintenance),
Department of Electricity,
Government of Puducherry,
Thiruvandar Koil,
https://www.mhc.tn.gov.in/judis
W.P.No.29600 of 2014
Villianoor Taluk,
Puducherry.
S.M.SUBRAMANIAM, J.
kmm
5. M/s.Sri.Bhuvaneswari Chemicals
Pvt.Ltd., Having Registered Office at
R.S.94/4, Thirubhuvanai Village,
Puducherry- 107.
W.P.No.29600 of 2014
13.12.2021
https://www.mhc.tn.gov.in/judis
