BEFORE THE LOK ADALAT ORGANISED BY THE HIGH COURT LEGAL SERVICES COMMITTEE AT ERNAKULAM PRESENT : SHRI.R.D.SHENOY (SR.ADVOCATE, HIGH COURT OF KERALA) & SHRI. D.PAPPACHAN (RETD. DIST.JUDGE) THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 32365 of 2006(C) ---------------------------- PETITIONER: -------------------- P.M.KUMAR, S/O.MANI, AGED 40 YEARS, MANAGER, SAMRITHY TRADES AND SERVICES, XL/173, THOTTAKATTU ROAD, ERNAKULAM. BY ADV. SMT.MAREENA JOSEPH JOSEPH RESPONDENT(S): --------------------------- 1. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PALLIMUKKU, KOCHI. 2. THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PALLIMUKKU, KOCHI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR DETERMINATION BEFORE THE LOK ADALAT ON 30/09/2010. THE ADALAT ON THE SAME DAY DELIVERED THE FOLLOWING: SRI.R.D.SHENOY (SENIOR ADVOCATE, HIGH COURT OF KERALA) AND SRI.D.PAPPACHAN (RETD. DISTRICT JUDGE) - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) NO.32365 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DATED THIS THE 30TH DAY OF SEPTEMBER, 2010 PROCEEDINGS The amount due to the Water Authority is in respect of the consumption of water from 2000 onwards. Not as of right, but to give a quietus to the rising liabilities between the parties, we would like to make some suggestions. We are told by the Asst. Executive Engineer of Water Authority that the interest calculated would be at 14.5%, in case the petitioner is ready to make the payment by resort to one time settlement, of course subject to the decision by the Board. This writ petition is filed in the year of 2006. Since the matter is before court, the interest payable, in civil law, is in the discretion of the court. Therefore, it will be in the fitness of things that the Board of the Water Authority considers the legal aspect regarding award of interest by court, which will not exceed 9% per annum in the present circumstances. The component of W.P.(C) NO.32365/2006 2 consumption charges after giving credit to the amount paid by the petitioner, we are told, comes to only Rs.23,690/-. If the liability of the petitioner is worked out in the above lines, both the petitioner and the Water Authority will be in a win-win situation. This matter may be brought to the notice of the Board by Asst. Executive Engineer, who is present before the Adalat. We hope that the matter will be given due consideration by the Board and a pragmatic solution will be arrived at, so that the dispute can be settled in the Adalat. The matter may be placed before the Board in the next Board meeting to take a final decision. In view of the possibility of settlement of the dispute as aforesaid, the Water Authority, in its wisdom, may permit installation of a new water meter by the petitioner, and bill for the consumption of water in future, be based on actual. Post on 3.11.2010. Sd/- R.D.SHENOY (SENIOR ADVOCATE) Sd/- D.PAPPACHAN (RETD. DISTRICT JUDGE) ss/. W.P.(C) NO.32365/2006 3 SRI.M.R.RAJENDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) AND SMT.K.SREELATHA DEVI (RETD. DISTRICT JUDGE) - - - - - - - - - - - - - - - - - - - - W.P.(C). NO.32365 OF 2006 WITH W.P.(C). NO.8046/2005 - - - - - - - - - - - - - - - - - - - - - - - - - - DATED THIS THE 27TH DAY OF JULY, 2010 PROCEEDINGS In both these cases, there is a serious dispute regarding the amount to be paid for full and final settlement of the matter. According to the petitioner, the amounts which were directed to be paid in June 2008 by the Adalat was paid. The present demand is without taking into account, the calculations made then and the amount arrived at. It would only be proper that the Asst. Executive Engineer who is presently in office looks into the matter. It is stated that the then Asst. Executive Engineer Mr.A.Purushan was aware of the entire details regarding the calculation. However, it is stated that Mr.A.Purushan transferred to Kozhikkode. It will be eminently desirable that the present Asst. Executive Engineer looks into the matter properly and carefully and for this purpose, the W.P.(C) NO.32365/2006 4 petitioner and counsel will sit with her and try to arrive at a settlement. After such discussion, the matter will again be considered before this Adalat for recording final settlement. Adjourned to 14.09.2010. Sd/- M.R.RAJENDRAN NAIR (SENIOR ADVOCATE) Sd/- K.SREELATHA DEVI (RETD. DISTRICT JUDGE) ss/.