IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WA.No. 1678 of 2009 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.16978/2007 Dated 22/05/2009 .................... APPELLANT/PETITIONER ------------------------------------ T.M.JOSEPH, PROPRIETOR, GEENA FAST FOOD, KAKKANAD, KOCHI-30. BY ADV. SRI.SAIBY JOSE KIDANGOOR SRI.BENNY ANTONY PAREL SRI.JOSWIN THAMBI KUNNATH SRI.LAL GEORGE RESPONDENTS/RESPONDENTS -------------------------------------------- 1. ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, WATER SUPPLY SUB DIVISION, KALAMASSERY. 2. THE DEPUTY TAHSILDAR (RR), KANAYANNUR TALUK, ERNAKULAM. R1 BY STANDING COUNSEL SRI.M.DINESH R2 BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.1678 of 2009 ------------------------------------------ Dated this the 9th day of December, 2009 JUDGMENT A.K.Basheer, J. Appellant was a consumer under the Kerala Water Authority. Admittedly, he had obtained water connection for commercial purpose, namely for the conduct of his hotel business, in the year 1996. According to the appellant, he had discontinued his hotel business in the year 2002 and applied for disconnection of water supply. However, the appellant was served with a demand notice asking him to pay arrears of water charges to the tune of Rs.74,157/-. When recovery proceedings were initiated under the Kerala Revenue Recovery Act, appellant filed the writ petition praying for issue of a writ of certiorari to quash Ext.P1 revenue recovery notice. There was a further prayer to issue a direction to the Water Authority to consider Ext.P2 representation submitted by him. 2. The learned Single Judge after adverting to the various contentions raised by the Water Authority in the counter affidavit held W.A.No.1678 of 2009. - 2 - that there was no merit in any of the contentions raised by the appellant and accordingly dismissed the writ petition. Hence this writ appeal. 3. Learned counsel for the appellant submits that the appellant having discontinued his hotel business in the year 2002 it was not legal or just on the part of the Water Authority to issue a demand for the alleged arrears. 4. However, as rightly noticed by the learned Single Judge, the appellant had not produced any document to substantiate his contention that he had discontinued his business in the year 2002 or he had made any request to disconnect the water supply. More importantly, not even a single receipt was produced by the appellant to show that he had remitted any water charges at any point of time. Therefore, the learned Single Judge took the view that the contention raised by the appellant that he had discontinued his hotel business in the year 2002 or that he had requested for disconnection of water supply could not be accepted or believed. 5. We have carefully perused the entire materials W.A.No.1678 of 2009. - 3 - available on record. We are totally satisfied with the finding entered by the learned Single Judge. As mentioned by us earlier, the appellant had not produced even a scrap of paper to show that he had remitted any water charges at any point of time. He had not also produced any document to show that he had applied for disconnection of water supply in Form No.RA-4 as provided under the Water Supply Regulations. The claim for waiver of penal charges was also rightly turned down by the learned Single Judge in view of the provisions contained in Regulation 14. 6. Having heard learned counsel for the appellant and having considered the entire materials available on record, we do not find any reason to interfere with the impugned judgment. The writ appeal fails and it is accordingly dismissed. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns