IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(C).No. 18363 of 2011(U) --------------------------------------- PETITIONER: ------------------- K.MOHAMMED BASHEER, S/O. N.KASIM, AGED 61 YEARS, PROPRIETOR ARUL TRANSPORT, TRANSPORTS CONTRACTOR & COMMISSION AGENT, FACT ROAD, NORTH KALAMASSERY, PIN-683 104. BY ADVS. SRI.P.VIJAYAKUMAR, SRI.M.V.ASHIM. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO WATER AUTHORITY, THIRUVANANTHAPURAM, PIN – 695 001. 2. EXECUTIVE ENGINEER, WATER SUPPLY SUB DIVISION, KERALA WATER AUTHORITY, KOCHI, PIN – 683 016. 3. ASSISTANT ENGINEER, KERALA WATER AUTHORITY, WATER SUPPLY SECTION OFFICE, KALAMASSERY, PIN – 683 104. R1 BY GOVT. PLEADER SRI. P.N. SANTHOSH, R2 & R3 BY SRI. M. DINESH, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18363/2011-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LEASE AGREEMENT DTD. 01/07/1994. EXT.P.2: COPY OF THE LEASE AGREEMENT DTD. 01/07/1994. EXT.P.2: COPY OF THE JUDGMENT DTD. 24/09/2002 IN O.P. NO. 30981/2002. EXT.P.4: COPY OF THE LETTER DTD 21/07/2010 ISSUED BY THE R.3. TO THE PETITIONER. EXT.P.5: COPY OF THE REPRESENTATION DTD. 31/05/2011 SUBMITTED BY THE PETITIONER BEFORE R.3. EXT.P.6.A: TRUE PHOTO OF METER. EXT.P.6.B: TRUE PHOTO OF METER COVER. EXT.P.6.C: TRUE PHOTO OF METER COVER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J ....................................................... W.P.(C).18363/2011 .............................................. Dated this the 7th day of July, 2011 JUDGMENT Petitioner claims to be the tenant of a premise belonging to one T.Hassainar where the petitioner is having his establishment by name 'Arul Transport'. In this writ petition the petitioner seeks the following prayers. (i). call for the records leading upto Ext.P4 and quash the same by issuing a writ of certiorari. (ii). Issue a writ of mandamus commanding respondents to desist from taking any further prosecution proceedings as well as revenue recovery against petitioner. (iii). Issue a writ of mandamus commanding 3rd respondent to restore the water connection of consumer number T.4283 2. Ext.P4 is a notice issued by the third respondent to the petitioner concerning disconnection of water supply in the premise under his occupation and which also mentioned of recovery proceedings. According to the petitioner, he is not the consumer and therefore, the recovery proceedings for defaulted amount, if any, can W.P.(C).18363/11 2 only be against the consumer and not against him. 3. Admittedly, proceedings for disconnection of water supply and threatening of recovery proceedings are initiated consequent upon the default in payment of the dues to the respondents. For such default only the consumer is responsible and therefore, if the petitioner is not the consumer, there is no reason why the petitioner should apprehend that the respondents will initiate coercive action against him. 4. The learned counsel for the petitioner then requested for a direction for restoration of the water supply. As already noticed, even according to the petitioner, he is not the consumer and therefore, if at all the petitioner wants restoration of the water supply, he will have to persuade the consumer to clear the arrears and make necessary application for restoration of water supply in which event, respondents will consider the same in accordance with law. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs