COMMISSIONER, CORPORATION OF MADURAI; KAMALA THOPE STREET WELFARE ASSOCIATION Vs. KAMALATHOPU STREET WELFARE ASSOCIATION

JUDGEMENT

(1.) The short question that arises for consideration in these batch of writ petitions is whether the Marurai City Municipal Corporation constituted under the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15/1971) (for short MCMC Act) is empowered to levy Drainage charges and to claim nonrefundable security deposit for giving new Underground Drainage connections

(2.) Before dealing with the grievances projected in the individual writ petitions filed by the residents and residents welfare associations in various writ petitions and the legal issues raised in the second appeal filed by the Corporation of Madurai, it is necessary to recapitulate the circumstances that led to the levy of drainage charges as well as nonrefundable deposit by the Madurai Corporation.

(3.) The Madurai City Municipal Corporation in its municipal council meeting held on 28.4.1982 had passed a resolution No. 35 and decided to frame bylaws in respect of drainage connections. The bylaws apart from providing conditions under which an individual house owner can be provided connection to the drainage pipes and linked it to the underground drainage system laid by the corporation, also provided for levy of nonrefundable deposits and drainage charges for the purpose of cleaning the drainage water in case of any congestion in the system. The nonrefundable deposit was fixed at Rs. 200/- in respect of each application seeking for the connection. Apart from submitting a plan for laying drainage pipes through a plumber and on an estimate to be made by the corporation, it provided for collection of 10% supervision charge. After getting a work order, a house owner should execute the work through a licensed plumber under the supervision of the corporation staff. It also provided for collection of Rs. 2/-per month in respect of each connection for the purpose of removing the block in the drainages and to release the sewage water. In case of any repair, it can be carried out only through a licensed plumber. The bylaws so framed was published in the Special Supplementary Edition of the Madurai District Gazette by a notification issued by the Commissioner of Madurai, dated 29.8.1982.