IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 4436 of 2008(C) ------------------------- PETITIONER: ------------ A.N. GOVINDA KAMATH, S/O. A.V. NARAYANA KAMATH, "SATHYA GOVIND", T.D.ROAD, ERNAKULAM, KOCHI-35. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENTS: ------------- 1. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH DIVISION, PALLIMUKKU, ERNAKULAM, KOCHI-682016. 2. THE ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, WATER WORKS SUB DIVISION, KERALA WATER AUTHORITY, KOCHI-16. BY SRI.M.DINESH, SC, KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 4436 OF 2008 C = = = = = = = = = = = = = = = = Dated this the 13th February, 2008 J U D G M E N T Ext. P11 order is under challenge. The dispute in this case relates to the water charges that is imposed on the petitioner. In view of the order that I propose to pass I do not think it necessary to trace the history of the litigation that led to Ext. P11. 2. By Ext. P11, Ext. P9 appeal filed by the petitioner has been rejected by the respondents. 3. Two points have been raised by counsel for the petitioner. One is that the water authority has levied charges for the period from 24.8.2000 to 6.1.2002 when even though the meter was working there was no water supply. This contention of the learned counsel for the petitioner is difficult to be accepted. First of all, meter can work only when there is water supply and petitioner has no complaint regarding the meter. Further, in Ext.P11 itself, it is stated that in case water was not in supply the W.P.(C) No. 4436 OF 2008 - 2 - remedy of the petitioner in terms of the regulations is to apply for temporary disconnection. This also having not been done, I do not find any substance in the contention that is raised by the petitioner. 4. Yet another argument that is raised by the learned counsel for the petitioner is regarding the levy of 2% fine. It is contended by the petitioner that the fine has been levied at a compounded rate and that it is not permissible. The learned counsel for the petitioner has brought to my notice a judgment rendered by a Division Bench of this Court in W.A. No. 1803/03 where this very question was considered by this Court. In that judgment, it has been held that “therefore obviously the 2% fine can be charged only on the outstanding water charges and not on the outstanding amount.” The Division Bench had held that the calculation made by the water authority at compounded rate as in this case was not permissible. 5. However, learned Standing Counsel for the Water Authority seeks to justify the computation they have done at compounded rate i.e, on the outstanding amount, referring to Regulation 14(b) of the Kerala Water Authority (Water Supply) Regulation 1991. According to the learned counsel, the 2% fine has W.P.(C) No. 4436 OF 2008 - 3 - to be calculated at the outstanding amount every month and that necessarily includes the fine that is imposed for the previous period as well. This contention cannot be accepted for the reason that this very regulation has been interpreted by the Division Bench in the aforesaid judgment and the calculation, as they have now done in Ext. P11, has been expressly disapproved. In view of this, the levy of fine on the petitioner on the outstanding amount cannot be approved and to that extent, Ext. P11 order deserves to be set aside. Accordingly, I dispose of this writ petition directing that the 1st respondent shall re-work the liability of the petitioner including fine as indicated above. A statement will be furnished to the petitioner. This shall be done as expeditiously as possible, at any rate within one month of production of a copy of this judgment. Needless to say, once the liability is discharged, the water supply will be restored to the petitioner. ANTONY DOMINIC JUDGE jan/-