Kerala High Court
Maggie Davis vs Kerala Water Authority on 8 October, 2014
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 4TH DAY OF DECEMBER 2014/13TH AGRAHAYANA, 1936
WP(C).No. 31378 of 2014 (V)
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PETITIONER:
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MAGGIE DAVIS, EDASSERY HOUSE,
ANGAMALY,PROPRIETOR, HOTEL COMPLEX,
CHERANELLOOR, ERNAKULAM DISTRICT.
BY ADV. SRI.GEORGE POONTHOTTAM
RESPONDENT(S):
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1. KERALA WATER AUTHORITY,
'JALA BHAVAN', VELLAYAMBALAM,
THIRUVANANTHAPURAM-695033,
REPRESENTED BY ITS MANAGING DIRECTOR.
2. ASSISTANT EXECUTIVE ENGINEER,
N.R.W.M.UNIT AND ANTI WATER THEFT SQUAD,
TATA OIL MILL ROAD, COCHIN-682018.
BY SRI.GEORGE MATHEW, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04-12-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
mbr/
WP(C).No. 31378 of 2014 (V)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT-P1: TRUE COPY OF THE COMMUNICATION DATED 08.10.2014.
EXHIBIT-P2: TRUE COPY OF THE COMMUNICATION DATED 15.10.2014.
EXHIBIT-P3: TRUE COPY OF THE COMMUNICATION GIVEN BY THE PETITIONER TO
THE 2ND RESPONDENT.
EXHIBIT-P4: TRUE COPY OF THE COMMUNICATION NO.NRWM/618/2014
DATED 24.10.2014.
EXHIBIT-P5: TRUE COPY OF THE COMMUNICATION DATED 01.11.2014 GIVEN BY
THE PETITIONER.
EXHIBIT-P6: TRUE COPY OF THE APPLICATION DATED 15.3.2006 GIVEN BY THE
PETITIONER.
RESPONDENT(S)' EXHIBITS: - NIL
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/TRUE COPY/
P.S. TO JUDGE
mbr/
A.MUHAMED MUSTAQUE, J.
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W.P.(C)No.31378 of 2014
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Dated this the 4th day of December, 2014
JUDGMENT
The petitioner purchased three buildings in Ward No.11 These buildings are numbered as 11/4, 11/5 and 11/6 of Cheranallooor Grama Panchayath. However, these buildings have not been regularised by the Panchayath and the Panchayath has not assigned door number. The above three buildings have separate three water connections. It appears that there was no supply in two of the buildings. Thereafter, by Ext.P2, it is noted that it is being used for other than non- domestic purposes and all three connections are liable to be disconnected.
2. The learned counsel for the petitioner submits that the three separate connections to different buildings and it cannot be termed as three connections in respect of one W.P.(C) No.31378 of 2014 2 building and all the connections are liable to be restored. The petitioner in fact by Ext.P6 requested to change the supply in her name subsequent to her purchase.
3. The learned Standing Counsel submits that the petitioner has misused consumption and supply was disconnected on account of the misuse. It is further submitted that in respect of connection No.CLL/1323/D based on the meter reading, the petitioner is liable to pay a sum of Rs.32,400/- besides compounding charge, disconnection charge and disconnection fee etc. It is also submitted that in respect of connection No.CLL/215/D, the petitioner is liable to pay water charges at Rs.9,000/- besides compounding charge, disconnection charge and disconnection fee and in respect of connection No.CLL/956/D, the petitioner is liable to pay additional water charges at Rs.9,000/- besides compounding charge, W.P.(C) No.31378 of 2014 3 disconnection charge and disconnection fee etc. Admittedly, there was no supply to two of the connections. Therefore, I am of the view that the petitioner cannot be made liable to pay the compounding charge in respect of two of the connections. However, the petitioner is liable to pay water charges in respect of all buildings. Therefore, the petitioner shall pay consumption charges assessed by the water authority and compounding fee in respect of one connection besides disconnection charge and disconnection fee. However, the petitioner is not liable to pay compounding fee for two of the connections. Based on the payment for consumption and disconnection charge, the disconnection fee and compounding fee for one of the connections, all three connections shall be restored to the petitioner. Based on building Nos.11/4, 11/5 and 11/6, without obtaining any regularised number from the W.P.(C) No.31378 of 2014 4 Panchayath, needful shall be done on payment of the amount forthwith. The future demand will be depend upon the nature of use of the buildings.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln