Dismissed

The Assistant Executive Engineer v. K.N.Suryanarayanan

Kerala HC8 Jun 2017WA/1069/2017

Case brief

AI extract

What is this about?

The Kerala High Court dismissed the appeal filed by a water authority against a writ petition wherein arrears of water bills were set aside. The court allowed the refund of deposited amounts and interest but deleted the im.position of costs on a public authority.

What did the court decide?

Costs imposed on the public water authority in the judgment appealed against were deleted; refund of deposit and interest upheld.

The Assistant Executive Engineer Vs K.N.Suryanarayanan — Kerala HC (2017) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE CHIEF JUSTICE MR.NAVANITI PRASAD SINGH & THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 8TH DAY OF JUNE 2017/18TH JYAISHTA, 1939

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WA.No. 1069 of 2017 () IN WP(C).37580/2008 -------------------------------------------AGAINST THE JUDGMENT IN WP(C) 37580/2008 DATED 10-04-2017 --------------

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APPELLANT(S)/RESPONDENTS :-

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1. THE ASSISTANT EXECUTIVE ENGINEER

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KERALA WATER AUTHORITY, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, WATER WORKS SUB DIVISION, PALLIMUKKU, ERNAKULAM, KOCHI - 16.

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2. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, WATER WORKS SUB DIVISION, PALLIMUKKU, ERNAKULAM, KOCHI - 16.

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BY ADV. SRI.P.BENJAMIN PAUL, SC

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RESPONDENT(S)/PETITIONER :-

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K.N.SURYANARAYANAN, 40/5610, M.G.ROAD, ERNAKULAM, KOCHI - 682 035.

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BY SMT.R.RANJINI

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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NAVANITI PRASAD SINGH, CJ & RAJA VIJAYARAGHAVAN V., J

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W.A. No.1069 of 2017 ----------------------------------------------Dated this the 8^th day of June 2017

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J U D G M E N T

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Navaniti Prasad Singh, CJ

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We have heard learned counsel for the appellants and the learned counsel for the respondent/writ petitioner.

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The respondent had filed the writ petition questioning the legality of a bill of over 1,00,000/- issued as arrears of water bill as per Ext.P2. By interim order passed in the writ proceedings, this Court directed to deposit a sum of 40,000/-, which was duly deposited on 19.1.2009. The writ petition was ultimately allowed and the Water authorities were directed to not only refund 40,000/- so deposited by the writ petitioner but also to refund the same with simple interest at the rate of 6%. This was not the end of miseries for the water authority. They were saddled with a cost of 10,000/- as well. Being aggrieved, this writ appeal was filed by the Water Authority.

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Having heard the learned counsel on both sides, we see no reason to interfere with the judgment of the learned Single Judge. The plea taken by the writ petitioner was that there was no

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W.A. No.1069 of 2017

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-: 2 :-

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connection and hence, there could be no arrears in respect thereof. For about 10 years, the writ petition was pending in this Court and there was no counter affidavit to the averments as made in the writ appeal. Learned Single Judge on principles of nontraverse, allowed the writ petition and set aside the demand. Thus, the amount was ordered to be refunded with interest, to which, we will not interfere. However, when we come to imposition of costs, being a public authority, we would delete that part of the judgment of the learned Single Judge.

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This writ appeal is accordingly disposed of.

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Sd/NAVANITI PRASAD SINGH CHIEF JUSTICE

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Sd/RAJA VIJAYARAGHAVAN V J UDGE

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//TRUE COPY//

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P.A. TO JUDGE

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Jvt/9.6.2017

The Assistant Executive Engineer v. K.N.Suryanarayanan

Case brief

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The Assistant Executive Engineer v. K.N.Suryanarayanan

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