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2012 Supreme(Mad) 2492

R.BANUMATHI, B.RAJENDRAN
Madurai K. K. Nagar Veetu Urimaiyalargal Pothu Nala Sangam through its Secretary M. Arumuga Ayya – Appellant
Versus
Madurai City Municipal Corporation, through its Commissioner – Respondent


Advocates Appeared:
For the Appellants:N.S. Ponnaiah, R.A. Mohanram, Advocates.
For the Respondents:G.R. Swaminathan, K.P. Krishnadoss, Govt. Advocates.

Judgment :-

R.BANUMATHI,J.

1. Whether Madurai City Municipal Corporation is empowered to levy drainage charges and whether it can claim non-refundable security deposit for underground drainage connection are the points arising for consideration in these intra-Court appeals.

2. In W.A.No.234 of 2012 arising out of W.P.No.410 of 2012, appellant Association challenges G.O.Ms.No.213 dated 31.12.2003 in which Government provided for collection of deposits and contribution for laying underground drainage system and its maintenance. In W.A.No.1718 of 2011 arising out of W.P.No.3332 of 2006, the appellant association sought for writ of mandamus forbearing Madurai City Municipal Corporation (in short, "MCMC") from demanding drainage charge or contribution or drainage deposit and maintenance charges in respect of houses of the members of petitioner association at K.K.Nagar. Similar relief has been sought for in W.P.No.5396 of 2011 filed by Poonga Nagar Residents Welfare Association.

3. When W.A.(MD) No.234 of 2012 came up for admission, it was stated that connected W.A.No.1718 of 2011 is pending. With the consent of the counsels on record, both the appeals and connected Writ Petition -W.P.


















































































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