← Library
Madras High CourtWP(MD)/3510/2019dismissed

P.Rajendran, v. The District Collector,

2025-06-25Honourable Mr Justice S.M. Subramaniam,Honourable Dr.Justice A.D.Maria Clete4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2025

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD).Nos.2754 and 3173 of 2019 P.Rajendran ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Special Officer, Pathamadai Special Grade Panchayat, Pathamadai, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, restraining the 2nd respondent from demanding deposit money for water pipe connection from the people who have obtained water pipe connection prior to 2003 as pending deposit charges by giving retrospective effect to the amendment of bye-laws of Pathamadai Panchayat dated 19.12.2003.

For Petitioner : Mr.K.Jeyamohan for Mr.K.Prabhu For Respondents : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The grievance of the writ petitioner is that the second respondent Panchayat issued notice to 1400 residents claiming initial deposit amount for providing water pipe connection.

2. The learned counsel for the petitioner states that enhanced caution deposit is demanded, which is not in accordance with law.

3. The learned Government Pleader appearing for the respondents would submit that it is a refundable deposit collected from the persons, who all are availing the water service connection in their buildings.

4. The Rule remains unchallenged. Therefore, the present Public Interest Litigation seeking to restrain the second respondent from demanding deposit money for water pipe connection cannot be entertained. Since caution deposit is

a part of the connection charges as per the Rules or the Board Resolution, the relief cannot be granted.

5. Accordingly, the Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. (S.M.S.,J.) (A.D.M.C.,J.) 25.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The District Collector, Tirunelveli District.

2.The Special Officer, Pathamadai Special Grade Panchayat, Pathamadai, Tirunelveli District.

S.M.SUBRAMANIAM,J.

and DR.A.D.MARIA CLETE,J.

Lm 25.06.2025