IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 23855 of 2006(M) -------------------------- PETITIONER(S): --------------- P.P. SADASIVAN, AGED 54 YEARS, S/O.LATE V. PADMANABHAN, PARAVELIL, AZAD ROAD, COCHIN-17. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.AJESH. M.R. SRI.TITUS THOMAS SRI.P.A.SALIM RESPONDENT(S): --------------- 1. KERALA WATER AUTHORITY, PUBLIC HEALTH DIVISION, KOCHI-16, REPRESENTED BY ITS CHAIRMAN. 2. KERALA WATER AUTHORITY, PUBLIC HEALTH DIVISION, KOCHI-16, REPRESENTED BY ITS EXECUTIVE ENGINEER. 3. KERALA WATER AUTHORITY, PUBLIC HEALTH DIVISION, KOCHI-16, REPRESENTED BY ITS ASSISTNT EXECUTIVE ENGINEER. ADV. SRI.M.DINESH, SC, KWA FOR R1TO3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE PETITION DATED 29.12.2004 SUBMITTED TO THE SECOND RESPONDENT. EXT.P1(a) COPY OF RECEIPT EVIDENCING RECEIPT OF EXT.P1 EXT.P2 COPY OF THE BILL. EXT.P3 COPY OF THE LATEST WATER BILL ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 23855 OF 2006 -------------------------------------------- Dated this the 9th day of June, 2009 JUDGMENT During hearing, counsel for the petitioner submitted that petitioner has no water connection or water supply and therefore he should not be harassed with water bills. I heard standing counsel appearing for the Kerala Water Authority also, who produced register which shows the outstanding dues due from the petitioner from 1991 onwards. Petitioner admittedly has commercial building which was used as workshop and later as godown. Building has Corporation No.37/1969. According to the petitioner he has let out the building. From the records produced in Court and the counter affidavit filed by Water Authority, I find that there was water connection in building No. 37/1969 under non-domestic consumer. The connection was given by the then Cochin Corporation. Ever since taking over the connections of Cochin Corporation by the Water Authority, they charged the petitioner. It is seen from the counter affidavit that petitioner remitted Rs. 250/- on 22.10.1991 and another Rs. 100/- on 14.2.1992. I am 2 unable to accept the petitioner's contention that there was no connection given in the building. However, it is not known whether water supply was disconnected or dismantled. Since factual issues are under dispute, the matter should be referred to higher authority. W.P.C. is accordingly disposed of directing the Executive Engineer of Water Authority to conduct inspection of the premises, verify the records and decide the period during which petitioner enjoyed supply. If petitioner is liable he will issue detailed order with reference to records stating the amount payable by the petitioner. Since there is inordinate delay on the part of the water authority in recovering the amount, there will be direction to the Executive Engineer to waive interest completely and if balance amount is not paid, he will take coercive steps like revenue recovery proceedings. (C.N. RAMACHANDRAN NAIR) Judge kk 3