S.R.Aravindaksha Prabhu vs Kerala Water Authority
2022 Latest Caselaw 8264 Ker

             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

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

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

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.