Kerala High Court
Latha Eldho vs State Of Kerala on 11 November, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:83685
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 11TH DAY OF NOVEMBER 2024/20TH KARTHIKA, 1946
WP(C) NO. 39099 OF 2024
PETITIONER:
LATHA ELDHO
AGED 50 YEARS, W/O. YELDHO P. YOHANAN,
NJALPLAKKIL HOUSE, MGP SCHOOL, AMBADIMALA,
THIRUVAMKULAM, CHOTTANIKARA, PIN - 682312
BY ADVS.
S.ABHILASH VISHNU
KRISHNAPRIYA SUNIL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
WATER RESOURCES DEPARTMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 685001
2 THE KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR
JALA BHAVAN, VELLAYAMBALAM
THIRUVANANTHAPURAM, PIN - 695033
3 THE ASSISTANT EXECUTIVE ENGINEER
WATER SUPPLY SUB DIVISION, KERALA WATER AUTHORITY,
EROOR SOUTH, TRIPUNITHURA, PIN - 682306
4 CHOTTANIKKARA GRAMA PANCHAYAT
CHOTTANIKKARA GRAMA PANCHAYAT,
OFFICE OF THE CHOTTANIKARA GRAMA PANCHAYAT,
CHOTTANIKKARA, REP. BY THE SECRETARY,
PIN - 682312
WP(C) NO. 39099 OF 2024
2
2024:KER:83685
5 THE SECRETARY
CHOTTANIKKARA GRAMA PAHCHAYAT,
OFFICE OF THE CHOTTANIKKARA GRAMA PANCHAYAT,
CHOTTANIKKARA, PIN - 682312
6 THE DEPUTY TAHSILDAR (REVENUE RECOVERY)
KANAYANNUR TALUK, ERNAKULAM, KOCHI,
PIN - 682011
SMT. DEEPA NARAYANAN, SR. GP.
SRI. GEORGIE JOHNY, SC FOR KWA.
SMT. VINEETH KOMALACHANDRAN, SC FOR
CHOTTANIKKARA GRAMA PANCHAYATH.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 39099 OF 2024
3
2024:KER:83685
JUDGMENT
Dated this the 11th day of November, 2024
The petitioner has been provided with water
connection under the Jalajeevan programme.
Initially she was billed for Rs.348/- towards
consumption charges, but thereafter the demand
was enhanced to Rs.42,800/-. According to the
petitioner, the exorbitant bill can only be due to leak
occurred in the pipe connection during
implementation of the project and under no stretch
of imagination, can the petitioner be presumed to
have consumed more than 60,000 liters of water, in
which case alone the bill will come to more than
Rs.42,000/-. Voicing this grievance and seeking
redressal, the petitioner has preferred Ext.P8 appeal
before the 3rd respondent.
2. Learned Counsel for the petitioner
WP(C) NO. 39099 OF 2024
2024:KER:83685
submits that her client will be satisfied with a
direction to the 3rd respondent to consider Ext.P8
appeal and a stay of the demand for water charges
till a decision is taken.
3. Learned Counsel for the Water
Authority submits that Ext.P8 appeal is preferred
beyond the time stipulated.
4. Having heard the learned Counsel on
either side, this Court is of the opinion that insofar as
the petitioner's is a domestic connection, the
grievance highlighted in her appeal regarding
issuance of exorbitant bills, is liable to be considered.
Therefore, despite the objection raised by the
Standing Counsel based on the delay in filing the
appeal, the writ petition is disposed of, directing the
3rd respondent to consider Ext.P8 on merits and pass
a reasoned order thereon, after affording an
opportunity of hearing to the petitioner. Till the
WP(C) NO. 39099 OF 2024
2024:KER:83685
order, as directed above is passed, further
proceedings based on the demands now raised shall
be kept on hold.
Sd/-
V.G.ARUN
JUDGE
ARK
WP(C) NO. 39099 OF 2024
2024:KER:83685
APPENDIX OF WP(C) 39099/2024
PETITIONER EXHIBITS
EXHIBIT - P1 TRUE COPY OF THE BILL ISSUED BY THE
RESPONDENT WATER AUTHORITY DATED 24.05.2023
WITH BILL NO. 116800033
EXHIBIT - P2 TRUE COPY OF THE BILL ISSUED BY THE
RESPONDENT WATER AUTHORITY DATED 23.09.2023
WITH BILL NO. 124734802 ALONGWITH ITS
READABLE COPY
EXHIBIT - P3 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE RESPONDENT WATER
AUTHORITY DATED 10.01.2024 UPON NON-JUDICIAL
STAMP PAPER WITH S.NO. VP 772426
EXHIBIT - P4 TRUE COPY OF THE ADALATH NOTICE ISSUED TO THE
PETITIONER DATED 21.02.2024
EXHIBIT - P5 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE
3RD RESPONDENT TO THE PETITION WITH S.NO.
2022/A:1403 DATED 15.06.2024
EXHIBIT - P6 TRUE COPY OF THE REVENUE RECOVERY NOTICE
ISSUED BY THE 6TH RESPONDENT TAHSILDAR TO THE
PETITIONER WITH S.NO. RRC NO. 2024/15253/07
DATED 19.09.2024
EXHIBIT - P7 TRUE COPY OF THE REPRESENTATION FILED BY THE
PETITIONER BEFORE THE DISTRICT COLLECTOR,
ERNAKULAM, DATED 03.10.2024
EXHIBIT - P8 TRUE COPY OF THE REPRESENTATION FILED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED
18.10.2024
