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Kerala Water Authority v. B.Vijaya Kumar

Kerala HC13 Jul 2017WP(C)/13932/2007

Case brief

AI extract

What is this about?

The High Court of Kerala in a writ petition filed by Kerala Water Authority officials set aside an order of the Permanent Lok Adalat which had treated an advocate's office connection as domestic. The court held that if use is for non-domestic purpose, it must be levied as such, relying on an unreported Supreme Court judgment.

What did the court decide?

The order of the Permanent Lok Adalat directing revised bills treating the connection as domestic was set aside.

Kerala Water Authority Vs B.Vijaya Kumar — 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 MR. JUSTICE A.MUHAMED MUSTAQUE

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THURSDAY, THE 13TH DAY OF JULY 2017/22ND ASHADHA, 1939

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WP(C).No. 13932 of 2007 (H)

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PETITIONERS :

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1. ASSISTANT ENGINEER, KERALA WATER AUTHORITY, PATTOR SECTION, PATTOR, THIRUVANANTHAPURAM.

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2. ASSISTANT EXECUTIVE ENGINEER, NORTH SUB DIVISION, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM.

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3. EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, VELLAYAMBALAM, THIRUVANANTHAPURAM.

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4. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM.

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BY ADV. SMT.AMBIKA DEVI, SC, KWA

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RESPONDENT :

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----------

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B.VIJAYA KUMAR, T.C.27/1105(2), KARIYAM CHAMBERS, ATHANI LANE, VANCHIYOOR, THIRUVANANTHAPURAM.

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BY SRI.P.BENJAMIN PAUL, SC, BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 13932 of 2007 (H)

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APPENDIX

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PETITIONER'S EXHIBITS :

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P1: COPY OF PETITION DT 12/10/2-006 FILED BY THE RESPONDENT PETITIONER BEFORE THE PERMANENT LOK ADALATH.

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P2: COPY OF GO(MS) NO.20/99/IRD SR 23/3/1999.

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P3: COPY OF THE AWARD PASSED BY THE PERMANENT LOK ADALATH DT 5/12/2006.

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RESPONDENT'S EXHIBITS :

NIL.

//TRUE COPY//

P.A. TO JUDGE

A.MUHAMED MUSTAQUE, J. ~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.13932/2007

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Dated this the 13^th Day of July, 2017

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J U D G M E N T

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The writ petition is filed by the officials of the Kerala Water Authority and the Kerala Water Authority challenging the order of the Permanent Lok Adalat. Exhibit P3 is the award of the Permanent Lok Adalat. The respondent, an Advocate by profession approached the Permanent Lok Adalat. According to him, the levy of water charges for the Advocate's office in non-domestic category is illegal. The connection has to be treated as a domestic connection. Upholding the claim of the respondent, the Adalat passed an award directing the petitioners to issue a revised bill, treating the petitioner’s connection as a domestic connection.

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The short issue that arises for consideration is whether the

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Advocate office has to be treated as an non-domestic category for the purpose of levy of water charges.

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The learned counsel for the petitioners relying upon an unreported judgment of the Hon'ble Supreme Court in Civil Appeal

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W.P.(C).No.13932/2007

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-:2:-

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No.1065/2000, dated 27/10/2005, argued that if the use is for non-domestic

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purpose, such such levy has to be treated in terms of non-domestic purpose, irrespective of the fact that the Advocate office falls under commercial category or not. Having gone through the above judgment, I am of the view that the matter is covered against the respondent. Accordingly the impugned order is set aside.

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The writ petition is disposed of as above.

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Sd/A.MUHAMED MUSTAQUE, JUDGE

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Kerala Water Authority v. B.Vijaya Kumar

Case brief

What is this about?

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Kerala Water Authority v. B.Vijaya Kumar

Case brief

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