IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 15694 OF 2019
PETITIONER/S:
S.R.ARAVINDAKSHA PRABHU,
AGED 53 YEARS
S/O. RENGANATHA PRABHU, SWARGATHUMADOM,
THONNIYAKAVU, NANDIYATTUKUNNAM, N. PARAVUR.
BY ADVS.
A.N.SANTHOSH
SRI.G.BALAMURALEEDHARAN (PARAVUR)
RESPONDENT/S:
1 KERALA WATER AUTHORITY
WSS DIVISION, N. PARAVUR, REPRESENTED BY ITS
ASSISTANT EXECUTIVE ENGINEER-683 513
2 DEPUTY TAHSILDAR (RR)
N.PARAVUR-683 513
3 VILLAGE OFFICER,
N. PARAVUR-683 513
BY ADV SRI.P.BENJAMIN PAUL, SC, KERALA WATER
AUTHORITY
OTHER PRESENT:
SC FOR KWA V.V.JOSHI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No. 15694 OF 2019
-2-
JUDGMENT
Dated this the 1st day of July, 2022 The petitioner's cinema theatre was closed down with effect from 20.04.2006, as evidenced by Ext.P2 certificate of the Paravur Municipality. The petitioner is aggrieved by Ext.P3 demand raised by the Water Authority claiming arrears of water charges for the period April, 2009 to November, 2016.
2. Learned Counsel for the petitioner contended that there cannot be any demand for water connection as the theatre itself was closed down on 20.04.2006 and the petitioner had not drawn water from the connection after the theatre complex was closed. The other contention is that, even as per Ext.P3, the water supply to the building was disconnected with effect from W.P.(C) No. 15694 OF 2019 -3- 05.11.2014 and under no circumstance can there be a demand for water charges after disconnection.
3. Learned Standing Counsel submitted that just because the theatre was closed down, it cannot be assumed that water was not drawn from the connection thereafter. Further, in spite of the disconnection on 05.11.2014, interest on the arrears can be claimed and that precisely is what is demanded under Ext.P3.
4. Having heard the learned Counsel for the petitioner and the learned Standing Counsel, I am of the opinion that the issue requires reconsideration, particularly in view of the fact that the supply to the petitioner's theatre was disconnected with effect from 05.11.2014. In such circumstances, there cannot be a demand for usage of water beyond that date. The other contention that the theatre itself having been W.P.(C) No. 15694 OF 2019 -4- closed down from 20.4.2006 onwards, demand cannot be raised after that date also needs to be addressed.
In the result, the writ petition is disposed of as under;
The petitioner is permitted to submit written objection against Ext.P3 bill within two weeks. On such objection being submitted, the competent among the respondents shall consider it, if necessary by affording an opportunity of hearing to the petitioner, and take an appropriate decision. After arriving at such decision, a fresh bill shall be issued to the petitioner, if found necessary.
Sd/-
V.G.ARUN JUDGE Scl/01.07.2022 W.P.(C) No. 15694 OF 2019 -5- APPENDIX OF WP(C) 15694/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE LETTER DATED 22.8.2006 SUBMITTED BY THE PETITIONER BEFORE THE PARAVUR MUNICIPALITY. EXHIBIT P2 TRUE PHOTOCOPY OF THE LETTER DATED 15.11.2006 ISSUED BY THE PARAVUR MUNICIPALITY.
EXHIBIT P3 TRUE PHOTOCOPY OF THE LETTER DATED 24.12.2016 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P4 A TRUE PHOTOCOPY OF THE REPLY DATED 2.2.2017 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P5 A TRUE PHOTOCOPY OF REVENUE RECOVERY PROCEEDINGS INITIATED BY THE 2ND RESPONDENT.