Prasanna Vihar Welfare ... vs Assistant Executive Engineer
2021 Latest Caselaw 6484 Ker

W.P(c).No.4649/2021-E             1




               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                        WP(C).No.4649 OF 2021(E)


PETITIONER:

               PRASANNA VIHAR WELFARE MAINTENANCE SOCIETY
               REPRESENTED BY ITS SECRETARY, PRASANNA VIHAR,
               A W H O, MARINE DRIVE, ERNAKULAM-682031.

               BY ADVS.
               SHRI.JAYKAR.K.S.
               SRI.G.BALU
               SMT.M.RAMYA RAMACHANDRAN

RESPONDENTS:


       1       ASSISTANT EXECUTIVE ENGINEER
               KERALA WATER AUTHORITY, WATER WORKS SUB DIVISION,
               PALLIMUKKU, ERNAKULAM-682016.

       2       THE MANAGING DIRECTOR,
               KERALA WATER AUTHORITY, P T P NAGAR,
               THIRUVANANTHAPURAM-695038.


               SRI.P.BENJAMIN PAUL, SC, KWA


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(c).No.4649/2021-E                     2




                                     P.V.ASHA, J.
                  -----------------------------------------------------
                             W.P(c) No.4649 of 2021-E
                   ----------------------------------------------------
                    Dated this the 23nd day of February, 2021

                                 JUDGMENT

This Writ Petition has been filed aggrieved by Ext.P10 disconnection of

water supply to the central block of the petitioner society preceded by Ext.P9

notice. It is stated that the petitioner is not using water for any commercial

purposes. According to the petitioner, the water connection was granted as per

Ext.P1 in the year 2014. The water connection was originally given to the

apartment complex in the year 2000 and it was recalibrated in 2014 with a separate

connection for the central block with 47 dwelling units. The water charges were

being realised including the same as in the domestic category. However, as per

Ext.P4 notice issued on 28.11.2018, the respondents changed the category from

domestic to non domestic alleging that water was being used for commercial

purposes pointing out that certain shops are functioning there. It is stated that the

petitioner had thereupon submitted Ext.P5 representation before the Assistant

Executive Engineer, the 1st respondent, and thereafter they submitted Ext.P6

representation before the Revenue Aadalat. But the Adalat was not held on

account of Covid-19 pandemic. Ext.P9 notice was issued thereafter on 21.12.2020

demanding charges at non domestic rate. The petitioner pointed out that despite

Ext.P4 notice, they continued to make payment at the old rate and the Water

Authority continued to accept the same. The present notice, according to the

petitioner, is issued without taking any action on their representations Ext.P5 to

Ext.P7.

2. As per Ext.P10 demand and disconnection notice the petitioner is

asked to remit a sum of Rs.6,37,427/- (Rupees Six lakhs thirty seven thousand four

hundred and twenty seven only), towards the arrears.

3. Heard the learned Standing Counsel for the respondents also.

4. It is seen that as against Ext.P4 notice the respondents had submitted

their explanation as to how the water supply is being used in the dwelling units. In

Ext.P7 representation also the petitioner has explained the same requesting for

continuing their connection as under domestic category. Therefore, it is only

appropriate that the petitioner approaches the Chief Engineer, Central Region,

Ernakulam with a representation, provided, the petitioner remits 25% of the

amount demanded in Ext.P10 within a period of ten days. On receipt of such

payment and representation, the Chief Engineer shall take appropriate further

action on it and pass orders on the same within a further period of one month. The

request of the petitioner for a joint inspection shall also be taken note of. On

payment of the amount as directed, the 1 st respondent shall see that water supply is

re-connected provisionally and subject to the orders to be passed by the Chief

Engineer.

                                             Sd/-      (P.V.ASHA, JUDGE)
rtr/





                            APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1              TRUE COPY OF THE NOTICE DATED 05.07.2014
                        ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2              TRUE COPY OF THE RECEIPT DATED 17.07.2014
                        ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3              TRUE COPY OF THE LETTER DATED 27.06.2018
                        ISSUED BY THE PETITIONER.

EXHIBIT P4              TRUE COPY OF THE DISCONNECTION NOTICE

NO.KWA/R1/941/2018 DATED 28.11.2018 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P5              TRUE COPY OF THE REPRESENTATION
                        NO.40126/PVWMS/CHN/07 VOL II DATED
                        07.12.2018 ISSUED BY THE PETITIONER.

EXHIBIT P6              TRUE COPY OF THE REPRESENTATION
                        NO.4035/PVWMS/KWA/2020 DATED 02.03.2020
                        SUBMITTED BY THE PETITIONER BEFORE THE
                        REVENUE ADALAT CONDUCTED BY THE KERALA
                        WATER AUTHORITY.

EXHIBIT P7              TRUE COPY OF THE REPRESENTATION DATED
                        05.10.2020 SUBMITTED BY THE PETITIONER
                        BEFORE THE 2ND RESPONDENT.

EXHIBIT P8              TRUE COPY OF THE REMITTANCES MADE BY THE
                        PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P9              TRUE COPY OF THE NOTICE NO.4378 DATED
                        21.12.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P10             TRUE COPY OF THE DEMAND CUM DISCONNECTION
                        NOTICE NO.69515640 DATED 18.12.2020 ISSUED
                        BY THE 1ST RESPONDENT.