Court directed the Kerala Water Authority to reconsider and rework water charges from April 2005 based on actual consumption, excluding interest, and issue a fresh demand.
Direction to respondent to rework charges from April 2005 based on actual consumption without interest and issue fresh demand; petitioner to pay within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 26TH DAY OF MAY 2016/5TH JYAISHTA, 1938
WP(C).No. 18663 of 2007 (V)
PETITIONER(S) :
MRS. K.H.MUMTHAZ, AGED 40 YEARS, W/O. SADHICK ALI, KATTUSSERY HOUSE, S.R.M.ROAD,, ERNAKULAM.
BY ADV. SRI.ALIAS M.CHERIAN
RESPONDENT(S) :
1. KERALA WATER AUTHORITY, REPRESENTED BY THE ASSISTANT EXECUTIVE ENGINEER, WATER WORKS SECTION NO.1 & 2, ERNAKULAM, KOCHI-682 016.
2. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, WATER WORKS SECTION NO.1 & 2, ERNAKULAM, KOCHI-682 016.
3. ASSISTANT EXECUTIVE ENGINEER, WATER WORKS SECTION NO.1 & 2, ERNAKULAM, KOCHI-682 016.
BY ADV. SRI.GEORGE MATHEW, S.C,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 18663 of 2007 (V)
APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1: TRUE COPY OF THE COMPLAINT P.L.P NO.1293 OF 2004.
EXHIBIT P2: TRUE COPY OF THE STATEMENT DATED 26.10.2004.
EXHIBIT P3: TRUE COPY OF THE AWARD DATED 20.06.2004.
EXHIBIT P4: TRUE COPY OF THE RECEIPT DATED 11.03.2005.
EXHIBIT P5: TRUE COPY OF LETTER NO.R8/1087/01 DATED 13.04.2005.
EXHIBIT P6: TRUE COPY OF THE RECEIPT DATED 11.04.2005.
EXHIBIT P7: TRUE COPY OF THE PETITION DATED 10.05.2005.
EXHIBIT P8: TRUE COPY OF STATEMENT DATED NIL FILED BY 3RD RESPONDENT.
EXHIBIT P9: TRUE COPY OF THE REPRESENTATION DATED 15.05.2005.
EXHIBIT P10: TRUE COPY OF THE PROCEEDING DATED 15.11.2005.
EXHIBIT P11: TRUE COPY OF THE NOTICE NO.A1-3147/05 DATED 21.02.2006.
EXHIBIT P12: TRUE COPY OF THE LAST BILL NO.873 DATED 09.04.2007.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.S.TO JUDGE.
Msd.
ANU SIVARAMAN, J.
W.P(C).No. 18663 of 2007
Dated this the 26th May, 2016
JUDGMENT
The prayer in the writ petition is for a direction to the third respondent not to disconnect water supply and to issue monthly bills for the actual consumption of water.
2
WP(C).18663/07
The writ petition is disposed of as above.
ANU SIVARAMAN
JUDGE
vgs26/5
1 issue framed by the court
Whether to direct the respondent authority to rework water charges based on actual consumption.
Mrs. K.H. Mumthaz
Kerala Water Authority
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
