Doraiswamy T N vs Kerala Water Authority
2023 Latest Caselaw 5807 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                   WP(C) NO. 16086 OF 2023
PETITIONER:

          DORAISWAMY T N
          AGED 75 YEARS
          HARI NIVAS, MARAVANCHERY LANE, PUNKUNNAM,
          THRISSUR, PUNKUNNU, KERALA, PIN - 680002
          BY ADVS.
          E.ADITHYAN
          MEERA RAMESH
          ALEENA JOSE
          MRUDULA MOHAN

RESPONDENTS:

    1     KERALA WATER AUTHORITY
          REPRESENTED BY ITS MANAGING DIRECTOR
          JALABHAVAN, VELLAYAMBALAM,
          THIRUVANANTHAPURAM,KERALA, PIN - 695033
    2     THRISSUR MUNICIPAL CORPORATION
          REPRESENTED BY SECRETARY,
          THRISSUR CORPORATION OFFICE, THEKKINKADU MAIDAN,
          THRISSUR, PIN - 680001
    3     SECRETARY
          THRISSUR MUNICIPAL CORPORATION,
          THRISSUR CORPORATION OFFICE,
          THEKKINKADU MAIDAN, THRISSUR., PIN - 680001
          BY ADVS.
          P.M.JOHNY, SC, KERALA WATER AUTHORITY
          SANTHOSH P.PODUVAL


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.05.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.16086/2023

                                  2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.16086 of 2023
             ----------------------------------------------
            Dated this the 24th day of May, 2023


                           JUDGMENT

This writ petition is filed with following prayers:

i. To call for the records leading to issuance of Ext.P5 demand notice.

ii. To set aside the execution of recovery proceedings as per Ext.P5 demand notice. iii. To issue an order or direction declaring that No amount as Arrears of Water Bill for more than 3 years due can be claimed from the Petitioner. iv. To dispense with the filing of the translation of vernacular documents.

v. Any other writ, order or direction that the Hon'ble Court may deem fit in the facts and circumstances of the case.

(SIC)

2. Petitioner is aggrieved by Ext.P5 notice issued by

the 2nd respondent by which the petitioner is directed to pay

an amount of Rs.90,716/- towards the arrears for the

consumption of water. The petitioner has got serious

contentions against Ext.P5. It is also submitted by the WP(C).No.16086/2023

petitioner that Ext.P5 is issued without prior show cause

notice to the petitioner. Hence this writ petition.

3. Heard the learned counsel for the petitioner and

the learned Standing Counsel for respondents 2 and 3. I also

heard the learned Standing Counsel for the 1st respondent.

4. This Court perused Ext.P5 order. Except the

amount and the period of consumption of water, nothing is

mentioned in Ext.P5. The petitioner has got a definite case

that it is a notice issued without giving an opportunity of

hearing. In such circumstances, I am of the considered

opinion that the petitioner can be allowed to file a

representation narrating his grievance against Ext.P5 before

the 2nd respondent within a time frame and till consideration of

the same, there can be a stay of further proceedings based on

Ext.P5. The petitioner has got a contention that Ext.P5 is a

time barred notice. That also can be raised before the 2 nd

respondent in the representation.

Therefore, this writ petition is disposed of in the

following manner:

1. The petitioner is free to file a representation

before the 2nd respondent narrating his WP(C).No.16086/2023

grievance against Ext.P5, within three weeks

from the date of receipt of a stamped certified

copy of this judgment.

2. Once such a representation along with the

certified copy of this judgment is received, the

2nd respondent will consider the same and pass

appropriate orders in it, after affording an

opportunity of hearing to the petitioner, as

expeditiously as possible, at any rate, within two

months from the date of receipt of the

representation.

3. Till final orders are passed in the representation,

if it is filed as directed above, all further

proceedings based on Ext.P5 shall be deferred.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.16086/2023

APPENDIX OF WP(C) 16086/2023

PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE SALE DEED BETWEEN THE PETITIONERS BROTHER MR. C.N. SATYANARYANAN AND THANGUKUTTI RAVI VERMA DATED 24-03-1990 Exhibit P2 TRUE PHOTO COPY OF THE AADHAAR CARD NO 8852 6924 4517 ISSUED BY THE UIDAI IN THE NAME OF THE PETITIONER Exhibit P3 TRUE COPY OF THE BILL NO 47085 DATED 20.02.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF THE BILL NO 11184 DATED 02.05.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P5 TRUE COPY OF THE DEMAND NOTICE NO.

GLMK - 1058/2017 DATED 02.03.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER