G SENTHILKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PETITIONER owns a house in Kolathupalayam Town Panchayat and he paid a deposit of Rs.150/- for drinking water connection. On 28.01.2008, he received a notice from the fourth respondent to pay the balance amount of Rs.2850/- out of Rs.3000/- towards enhanced minimum deposit, within 15 days. Since the same was not paid, on 06.05.2008, the fourth respondent issued another notice to the petitioner, directing payment of the difference in the deposit amount and the cost of the notice sent by registered post. Aggrieved over the same, the petitioner has approached this Court by way of this Writ Petition.

(2.) THE stand of the fourth respondent is that as per Rule 22 (a) of the Erode District Gazette No.10, dated 14.01.2003, the deposit amount for water connection had been increased from Rs.150/- to Rs.3000/- and the balance amount of Rs.2850/- was to be paid by the petitioner; accordingly, on 06.05.2008, the respondent sent a notice to the petitioner, directing him to pay the additional deposit of Rs.2850/- for the water connection; on 15.05.2008, the District Collector informed the petitioner that under Section 132 (A) of the Tamil Nadu District Municipalities Act, the Town Panchayat had power to collect the increased deposit; on 30.05.2008, the Chairman of Kolathupalayam Town Panchayat sent notice to all the Councilors and convened the meeting on 05.06.2008 and passed resolution No.16, for collecting additional deposit of Rs.2850/- from the people, who have got water connection from this respondent panchayat and, therefore, there is no infirmity in the demand made by the respondent on the petitioner.

(3.) TO decide the above question, the relevant provisions to be dealt with are: Rule 22 (a) of the Erode District Gazette No.10, dated 14.01.2003; Sections 132 (A), 310 (1) and 310 (2) of the Tamil Nadu District Municipalities Act and Resolution No.16.