ORDER :

(N. Mala, J.)

(Prayer in both W.P.Nos.3307 and 3308 of 2004: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorari, calling for the records from the file of the 1st respondent in G.O.Ms.No.213, MA & WS (MC2) Department, dated 31.12.2003 and the resolution passed by the 2nd respondent in Resolution No.20 (item No.9) dated 25.04.2003 and quash the same.)

Prayer in W.P.(MD). No.4289 of 2004: Writ Petition is filed under Article 226 of Constitution of India praying to issue a WRIT OF DECLARATION declaring that the resolution No.MPT6/26177/2000 passed by the Madurai Municipal Council on 25.04.2003, as item No.9 in their emergency meeting deciding to demand non-refundable deposits from the property owners as null and void, arbitrary, without any power, and out side the powers conferred upon the respondent Municipal Council under the provisions of Madurai City Municipal Corporation Act No.15 of 1971.)

1. The Writ Petition Nos.3307 and 3308 of 2004 are filed for a Writ of Certiorari or any other appropriate writ or order in the nature of writ by calling for the records from the file of the 1st respondent in G.O.Ms.No.213, MA & WS (MC2) Department, dated 31.12.2003 and the resolution passed by the 2nd respondent in Resolution No.20 (item No.9) dated 25.04.2003 and quash the same.

2.The W.P.(MD).No.4289 of 2004 is filed for a Writ of Declaration or any other appropriate Writ or Order or Direction in the nature of the Writ declaring that the resolution No.MP/T6/26177/2000 passed by the Madurai Municipal Council on 25.04.2003, as item No.9 in their emergency meeting deciding to demand non-refundable deposits from the property owners as null and void, arbitrary, without any power, and out side the powers conferred upon the respondent Municipal Council under the provisions of Madurai City Municipal Corporation Act No.5 of 1971.

3. W.P.No.5794 of 2005 is related to service matter. Hence the same is delinked from this batch.

4. In these batch of writ petitions the common issue raised is whether the Madurai City Municipal Corporation is empowered to collect non- refundable security deposit and drainage charges for undertaking the new underground sewerage scheme in Madurai.

FACTUAL BACKDROP:

5. In the city of Madurai the volume of sewer water generated was 50.86 MLD let out from 45,000 houses and carried through the existing sewerage system. The Government vide G.O.Ms.No.119 MASWS dated 19.05.1999 accorded administrative sanction for improving the existing system with a view to prevent the draining of the sewer into the Vaigai River. The Government under the said G.O. accorded sanction for a New underground Sewerage system at an estimated cost of Rs.46.50 Crores and further permitted collection of monthly payments and the implementation of the scheme in a phased manner. The Madurai City Municipal Corporation thereafter passed various resolutions in furtherance of the scheme and one such resolution dated 25.04.2003 provided for collection of Non-refundable Security Deposit and monthly payments as shown in the table below. The said resolution was approved by the Government vide G.O.Ms.No.213 dated 31.12.2003.

Security Deposit

Monthly Payment

The Subject matter of