Kerala High Court
Sunil Chandran vs Managing Director on 27 June, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
WP(C) NO. 28158 OF 2016
PETITIONER:
SUNIL CHANDRAN
AGED 42 YEARS, S/O. CHANDRAN,
RESIDING AT THOTTIPARAMPIL HOUSE,
P.O KUTTANALLOOR, THRISSUR- 680 014.
BY ADVS.
SRI.R.S.KALKURA
SMT.P.ANJANA
SRI.HARISH GOPINATH
SRI.M.S.KALESH
SRI.P.M.UNNI NAMBOODIRI
RESPONDENTS:
1 MANAGING DIRECTOR
KERALA WATER AUTHORITY, JALA BHAVAN,
THIRUVANANTHAPURAM -695 001.
2 EXECUTIVE ENGINEER
KERALA WATER AUTHORITY, P.M DIVISION, IRINJALAKUDA,
THRISSUR -680 121.
3 ASSISTANT ENGINEER
KERALA WATER AUTHORITY, SUB DIVISIONAL OFFICE,
CHALAKUDY -680 307.
4 ASSISTANT ENGINEER
KERALA WATER AUTHORITY, P.H SECTION, OLLUR,
THRISSUR- 680 306.
5 DEPUTY TAHSILDAR (R.R)
OFFICE OF THE TAHSILDAR (R.R), THRISSUR- 680 020.
BY ADVS
SRI. V V JOSHY (SC KWA).
SRI. VENUGOPAL V (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2024, ALONG WITH WP(C).29069/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.28158/2016 & 29069/2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
WP(C) NO. 29069 OF 2021
PETITIONER:
SUNIL CHANDRAN,
AGED 47 YEARS, S/O. CHANDRAN,
RESIDING AT THOTTIPARAMBIL HOUSE,
P.O. KUTTANALLOOR, THRISSUR 680 014.
BY ADVS.
R.S.KALKURA
M.S.KALESH
HARISH GOPINATH
P.I.NAJUMAL HUSSAIN
ANJALI B CHANDRAN
RESPONDENTS:
1 MANAGING DIRECTOR,
KERALA WATER AUTHORITY, JALA BHAVAN,
THIRUVANANTHAPURAM-695 001.
2 EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY, P.M. DIVISION,
IRINJALAKUDA, THRISSUR-680 121.
3 ASSISTANT EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY, W.S.P SUB DIVISION,
CHALAKUDY-680 307.
4 ASSISTANT ENGINEER,
KERALA WATER AUTHORITY, P.H. SECTION, OLLUR,
THRISSUR-680 306.
WP(C) Nos.28158/2016 & 29069/2021
3
5 THE DEPUTY TAHSILDAR (RR),
OFFICE OF THE TAHSILDAR R.R.,
THRISSUR TALUK OFFICE, OPP. THRISSUR TOWN HALL,
CHEMBUKKAV, THRISSUR- 680 020.
BY ADVS.
SRI. V V JOSHY (SC KWA).
SRI. VENUGOPAL V (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.06.2024, ALONG WITH WP(C).28158/2016, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.28158/2016 & 29069/2021
4
JUDGMENT
[WP(C) Nos.28158/2016 & 29069/2021] The issue raised in these writ petitions is whether the revenue recovery proceedings can be initiated for the recovery of amounts due to the Kerala Water Authority beyond the period of limitation in the Schedule to the Limitation Act can be legally sustained.
2. It can be seen from the documents marked as Ext.P1 in both these writ petitions that the water connection in question was dismantled/disconnected as early as in the year 2007 and that the revenue recovery proceedings were initiated only in the year 2016. Going by the law laid down by this Court in Mercy Hotels (M/s.) and Others v. Kerala State Water Authority and Others; 2019 (4) KHC 127, the period of limitation for recovery of water charges will be that prescribed in Article 113 of the Schedule to the Limitation Act.
3. In that view of the matter, the revenue recovery proceedings are clearly barred on the date of its initiation. Therefore, following the law laid down in Mercy Hotels WP(C) Nos.28158/2016 & 29069/2021 5 (M/s.) and Others (Supra), these writ petitions are allowed and the revenue recovery proceedings initiated against the petitioner in these cases will stand quashed.
The learned Standing Counsel appearing for the Kerala Water Authority submits that it may be clarified that this judgment will not prevent the Water Authority from attempting to settle the issues with the petitioner in Adalat. It is clarified that this judgment will not prevent the Water Authority from settling the demands with the petitioner in any Adalat, as it is settled law that limitation only bars the remedy.
Sd/-
GOPINATH P. JUDGE ats WP(C) Nos.28158/2016 & 29069/2021 6 APPENDIX OF WP(C) 28158/2016 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 18-2-2016 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 8-6-2016 UNDER SECTION 7 OF THE REVENUE RECOVERY ACT ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 8-6-2016 UNDER SECTION 34 OF THE REVENUE RECOVERY ACT ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 7-7-2016 ISSUED BY THE COUNSEL FOR THE PETITIONER TO THE RESPONDENTS 1 TO 5.
EXHIBIT P5 TRUE COPY OF POSTAL ACKNOWLEDGMENTS EVIDENCING RECEIPT OF THE NOTICE ISSUED BY THE COUNSEL OF THE PETITIONER BY RESPONDENTS 1 TO 5 WP(C) Nos.28158/2016 & 29069/2021 7 APPENDIX OF WP(C) 29069/2021 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 18.2.2016 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER .
Exhibit P2 TRUE COPY OF THE NOTICE DATED 8.6.2016 UNDER SECTION 7 OF THE REVENUE RECOVERY ACT ISSUED BY THE DEPUTY TAHSILDAR (RR), THRISSUR TO THE PETITIONER.
Exhibit P3 TRUE COPY OF THE NOTICE DATED 8.6.2016 UNDER SECTION 34 OF THE REVENUE RECOVERY ACT ISSUED BY THE DEPUTY. TAHSILDAR (RR), THRISSUR TO THE PETITIONER.
Exhibit P4 TRUE COPY OF THE NOTICE DATED 7.7.2016 ISSUED BY THE ADVOCATE E.D. BENNY FOR AND ON BEHALF OF THE PETITIONERS TO RESPONDENTS 1 TO 5.
Exhibit P5 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT EVIDENCING RECEIPT OF EXHIBIT P4 BY RESPONDENTS 1 TO 5.
Exhibit P6 TRUE COPY OF THE NOTICE DATED NIL. 3RD RESPONDENT TO THE PETITIONER DEMANDING AN AMOUNT OF RS. 2,67,248/-