The main legal point established in the judgment is the Corporation's authority to levy drainage charges and collect non-refundable deposits for underground drainage system and its maintenance, in accordance with the statutory obligations and constitutional provisions empowering the Corporation to collect appropriate fees for providing better services by implementing the Underground Drainage Scheme.

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.No.5396 of 2011 were taken up together. After we have heard and reserved the matter in Writ Appeals -W.A.Nos.1718 of 2011 and 234 of 2012, W.A.No.383 of 2012 arising out of same common judgment came up for admission. With consent of counsels, we heard the arguments in the main Writ Appeal and W.A.No.383 of 2012 was tagged along with W.A.Nos.1718 of 2011 and 234 of 2012, which were already reserved.

4. Appellant - Madurai K.K.Nagar Veetu Urimaiyalargal Pothu Nala Sangam and writ petitioner - Poonga Nagar Residents Association are registered societies and its members are residents of that locality. Appellant in W.A.No.383 of 2012 is a resident of Manjanakkara Street, Madurai.

5. Case of appellants is that property tax levied by respondent Corporation consist of five components namely i) House Tax at 10%, ii) Drainage Tax at 6%, iii) Education Tax at 5%, iv) Drinking water Tax at 4%, v) To remove filth and sanitation tax at 2%. As per statute and Rules, their payment towards property tax in which 6% of it should go for public drainage maintenance etc., expenses. Both appellant as well as writ petitioner associations filed Civil Suits and those suits were decreed in respect of collection of drainage and maintenance charges. Further case of appellants is that respondents, being statutory authorities, are bound by the decisions of the Civil Court and have no right, whatsoever, to demand drainage charges and deposit. The appellant/writ petitioner alleged that under the guise of redressing public grievance, staff of respondent Corporation used to go round the streets with crow bar, spade and other materials claiming that they have come to disconnect the drainage connections if the residents had not paid either the drainage deposit or drainage maintenance charges to the Corporation. Such a high handed action by the subordinate staff of respondent corporation are arbitrary and illegal, which has to be curtailed. Contending that respondent corporation is not having statutory authority to collect drainage maintenance charges as well as Non-refundable drainage deposit and that it is not open to the authorities to disconnect the drainage system, the appellant association - Madurai K.K.Nagar Veetu Urimaiyalargal Pothu Nala Sangam and the writ petitioner -Poonga Nagar Residents Association have filed a writ petitions seeking writ of mandamus forbearing the respondents from in any manner demanding the drainage deposit, drainage tax or contribution.

6. In the Writ Petition - W.P.No.6922 of 2008 (W.A.No.383 of 2012), appellant averred that Corporation is not empowered to pass any resolution (Resolution No.20 dated 25.4.2003) contrary to the provisions of Madurai City Municipal Corporation Act, 1971 and 1st respondent has got no authority to pass G.O.Ms.No.213 dated 31