IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 29674 of 2010(H) -------------------------- PETITIONER(S): --------------- PRABHAKARAN, S/O.SANKU, AGED 52 YEARS, OLLUPILLY HOUSE, PARAPPURAM, KANJOOR, ERNAKULAM DISTRICT. BY ADV. SRI.KRISHNADAS P. NAIR SMT.K.L.SREEKALA RESPONDENT(S): --------------- 1. THE SENIOR SUPERINTENDENT, STATE WATER TRANSPORT CORPORATION REGIONAL OFFICE, ERNAKULAM. 2. THE KERALA WATER AUTHORITY, REPRESENTED BY THE EXECUTIVE ENGINEER, ERNAKULAM. 3. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM. 4. THE DEPUTY TAHSILDAR (R.R.) TALUK OFFICE, ALUVA. 5. THE VILLAGE OFFICER, VADAKKUMBHAGAM VILLAGE, ALUVA. GOVERNMENT PLEADER SRI. BEJOY CHANDRAN. ADV. SRI. M. DINESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 29674/2010. -------------------------------------------------------------------- EXT.P1 TRUE COPY OF LETTER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 24.5.2005. EXT.P2 TRUE COPY OF DEMAND NOTICE ISSUED BY R4 DATED 17.3.2010. EXT.P3 TRUE COPY OF REVENUE RECOVERY NOTICE ISSUED BY R4 AGAINST THE PETITIONER. EXT.P4 TRUE COPY OF O.S.NO. 162/2010 BEFORE THE MUNSIFF'S COURT, ALUVA FILED ON 22.5.2010. EXT.P5 TRUE COP OF WRITTEN STATEMENT FILED BY R2 IN O.S.NO. 162/2010 DATED 17.8.2010 BEFORE THE MUNSIFF'S COURT, ALUVA. RESPONDENTS' EXHIBITS: -------------------------------------- EXT.R1(a) TRUE COPY OF AGREEMENT DATED 18.6.2003. EXT.R1(b) TRUE COPY OF AGREEMENT DATED 3.8.2005. EXT.R1(c) TRUE COPY OF LETTER DATED 23.6.2010 ISSUED TO THE ASST. EXECUTIVE ENGINEER, KERALA WATER AUTHORITY. [TRUE COPY] P.S TO JUDGE. TDS/ S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 29674 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 12th day of August, 2011. J U D G M E N T The petitioner was awarded by the State Water Transport Department a contract to run a canteen in the Ernakulam Boat Jetty. In respect of that contract, the Government has claimed amounts from the petitioner towards water charges etc. The petitioner has filed a suit against the Government in respect of the said demand as O.S.No. 162/2010 before the Munsiff's Court, Aluva. That is pending. In the meanwhile, Exts. P2 and P3 revenue recovery notices have been issued for recovery of the amounts from the petitioner in respect of the said contract. That is under challenge in this writ petition. 2. One of the contentions of the petitioner is that since the Government has already paid the water charges to the Kerala Water Authority, no amount is due to the Kerala Water Authority. I do not find any merit in that contention insofar as what is now demanded by the Government from the petitioner is the water charges paid by the Government for the water consumed by the petitioner while running the canteen as per the agreement between the petitioner and the Government. The fact that the Government paid the water charges to the Water Authority does not prevent the Government from recovering the amount as per the agreement between the parties. 3. The petitioner further contends that although he has filed a suit against the Government, insofar as the Kerala Revenue Recovery Act excludes the jurisdiction of the civil W.P(C) No. 29674 of 2010 -: 2 :- courts in respect of proceedings under the Act, the petitioner has no remedy but to approach this Court. I do not find any merit in that contention also. In that suit, certainly the petitioner can move an application for injunction against the Government from recovering any amount as per the agreement. If an injunction is granted, naturally the revenue recovery proceedings for recovery of that amount cannot be proceeded with. In the above circumstances, I am of opinion that the petitioner's remedy lies in moving an injunction application against the Government in the suit pending, injuncting the Government from recovering any amounts, as per the agreement. Without prejudice to that right, this writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/