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1994 Supreme(Mad) 817

K.A.SWAMI, K.S.RAMAMURTI
Pudukkottai Municipality Tax Payers Sangam, represented by the Secretary, R. Nagappan, (Regn. No. 125/88), Pudukkottai – Appellant
Versus
The Commissioner, Pudukkottai Municipality, Pudukkottai – Respondent


Advocates:
M. Baskar, for Appellant. P. Sathasivam, for Respondent.

Judgment :-

K.A. Swami, C.J.

At the stage of admission, the respondent Municipality was notified and, accordingly, it is represented through a learned counsel. As the appeal lies in a narrow compass, it is admitted and heard for final disposal.

.2. This appeal is preferred against the order dated 19. 1994, passed by the learned single Judge in W.P.No.16260 of 1994. The petitioner Pudukkottai Municipality Tax Payers’ Sangam has sought for quashing the Notification bearing No.Na.Ka E2/8240/94 dated 17. 1994, published in ‘Daily Thanthi’ newspaper dated 27. 1994. According to the terms of the said notification, a resident of Pudukkottai, who wants to have water supply connection, shall deposit a sum of Rs.2,000 if the connection is for domestic purpose Rs.4,000 if the connection is for factory purpose and Rs.6,000 if the connection is for commercial complex. The contention of the petitioner is that per Sec.132-A of the Tamil Nadu District Municipalities Act, 1920 (hereinafter referred to as ‘the Act’), unless the bye-laws are framed, prescribing the amount of security deposit to be made by the consumers of water, the Municipality is not entitled to demand security deposit, that as no






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