- (1.) Calcutta Ladies Golf Club filed the instant writ application in this court (WP No.284 of 2009). The club was the first petitioner. Its President, Secretary and Captain were the second, third and fourth petitioners. In the cause title the petitioners stated that they had their office at 12, Lord Sinha Road, Kolkata - 700071 and the club activities were carried out from the "club house, maidan, Casurina Avenue, Kolkata - 700071." In the body of the petition it was averred that the club functioned from its club house in the maidan. The petitioners stated that the maidan area was under the control of the army and that it had duly granted permission to the club to function from there. That area was not under the Kolkata Municipal Corporation Act, 1980.
(2.) The other arguments in the petition were like this. By a mistake in December, 2005 the club applied for trade licence (certificate of enlistment) from the Corporation. On 24th November, 2008 it made a demand of Rs.96,200/- from the first petitioner.
(3.) In this notice certain other demands were also raised by the Corporation - enlistment fee for Rs.2,500/- under Section 199 of the said Act, fee for Rs.4,000/- for supply of water under Section 238(2), drainage fee of Rs.1,000/- under Section 307, fee for Rs.4,000/- for removal of solid waste under Section 333, fee of Rs.2,500/- under Section 435 of the said Act for using the premises for non-residential purposes, fee of Rs.5,000/- for using the premises as eating house under Section 421 together with a fee of Rs.72,150/- as arrear dues for 2005-2006 to 2007-2008 aggregating to Rs.96,200/-. This was followed by another notice dated 2nd January, 2009. On 24th March, 2009, the Corporation issued a distress warrant under Section 220 of the said Act. They sought to realize the said demand of Rs.96,200/-. Only after issuance of this distress warrant, the instant writ was filed on or about 30th March, 2009 asking for quashing of this process dated 24th March, 2009.;