Partly allowed

C.v.Abdul Azeez v. the Assistant Executive Engineer

Kerala HC13 Aug 2007WP(C)/14152/2006

Case brief

AI extract

What is this about?

Petitioner discontinued water payment and had supply disconnected. Court initially rejected contesting water charges via this writ but, due to inordinate delay and lack of connection, granted waiver of interest if petitioner pays arrears without interest within one month.

What did the court decide?

Petitioner granted full waiver of interest on water arrears accrued up to date of disconnection, subject to payment without interest within one month; otherwise, petitioner must deposit 50% of total a

C.v.Abdul Azeez Vs the Assistant Executive Engineer — Service and Employment | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR

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MONDAY, THE 13TH AUGUST 2007 / 22ND SRAVANA 1929

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WP(C).No. 14152 of 2006(I)

PETITIONER:

C.V. ABDUL AZEEZ, S/O. MOIDUNNI, AGED 50 YEARS, PROPRIETOR, PLAZA LODGE, VANDIPPETTA, PONNANI.

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BY ADV. SRI.K.RAMACHANDRAN SRI.MOHAMMED FAIZAL NAHA

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RESPONDENTS:

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THE ASSISTNT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PONNANI.

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THE DEPUTY TAHSILDAR (R.R), TALUK OFFICE, PONNANI.

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THE VILLAGE OFFICER, PONNANI.

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R1 BY ADV. SMT.AMBIKA DEVI, SC, KWA R2 AND R3 BY G.P. SMT. M.K. PUSHPALATHA.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 TRUE COPY OF NOTICE IN FORM NO. 1 VIDE FILE NO. D1-53181/2005 DATED 16.1.2006 ISSUED BY THE 2ND RESPONDENT.

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EXT.P2 TRUE COPY OF NOTICE IN FORM NO.10 VIDE NO. PRI-401/05-06 DSATED 16.1.2006 ISSUED BY THE 2ND RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL.

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TRUE COPY

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P.S. TO JUDGE.

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C.N.RAMACHANDRAN NAIR,J.

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W.P.C. NO. 14152 OF 2006

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Dated this the 13th day of August, 2007

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JUDGMENT

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Heard counsel for the petitioner and standing counsel for Kerala Water Authority. Though the petitioner had water connection and was paying bills for water charges for the connection taken in the lodge, petitioner discontinued payment from 24.10.1994 onwards. However, supply was disconnected on 10.8.1995 on account of chronic default. It is submitted that petitioner dug well to source the water. The arrears sought to be recovered with interest as on August, 2005 was Rs. 7250/-. Counsel for the petitioner contended that petitioner is not served with details of bills for nearly 10 months' period of default. However, counsel for Water Authority submitted that petitioner was furnished with details. I do not think there is any scope for entertaining contest with regard to water charges in this proceeding because petitioner has a right of appeal against water bills, if the petitioner so chooses. However, since petitioner does not enjoy water connection any longer and in view of inordinate delay in initiating recovery

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proceedings, for the sake of finality petitioner can be granted full waiver of interest, if the arrears of water charges as on the date of disconnection are paid without interest within one month from now. However, if payment is not made, petitioner is free to deposit 50% of the total arrears including interest and file appeal against the water bills before the Executive Engineer, which also should be done at the option of the petitioner within one month from now. If appeal is filed after payment of 50%, the Executive Engineer will treat the same as one filed in time, hear the petitioner and dispose of the same within three months thereafter. Recovery of 50% in that case will remain stayed till disposal of appeal.

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W.P. is disposed of as above.

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(C.N.RAMACHANDRAN NAIR) Judge

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C.v.Abdul Azeez v. the Assistant Executive Engineer

Case brief

What is this about?

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C.v.Abdul Azeez v. the Assistant Executive Engineer

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