Petitioner sought connection waived by outstanding dues. Court held demand notice time-barred and directed authority to consider application.
Direction to respondents to consider petitioner's applications 151/16 and 152/16 for water connections and grant connection within one month if no other legal impediments exist.
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 MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 7TH DAY OF MARCH 2017/16TH PHALGUNA, 1938
WP(C).No. 2768 of 2017 (U)
PETITIONER(S):
MOHAMMED MOOSA
KADATHANATH PARAMB, KUMBALANGHY VAZHY, PALLURUTHY, KOCHI-682006.
BY ADVS.SRI.T.B.HOOD
SMT.M.ISHA SRI.AMAL KASHA
RESPONDENT(S):
1. KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM 695033.
2. ASSISTANT EXECUTIVE ENGNEER KERALA WATER AUTHORITY, WATER WORKS SUB DIVISION, KARUVELIPPADY, KOCHI-682005.
3. ASSISTANT ENGINEER KERALA WATER AUTHORITY, WATER WORKS SECTION-II, KARUVELIPPADY, KOCHI-682005.
BY SRI.GEORGE MATHEW, SC, KERALA WATER AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 2768 of 2017 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P2: TRUE COPY OF DOCUMENT NO.3119/2013 OF SUB REGISTRAR OFFICE, KOCHI.
EXHIBIT P3: TRUE COPY OF THE DEMAND NOTICE DATED 19.1.2017 ISSUED BY THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
dlk
SHAJI P. CHALY, J.
W.P.(C) No.2768 of 2017
Dated this the 7th day of March, 2017
JUDGMENT
Petitioner has purchased an extent of 2.350 cents of property lying in Survey No.586/1 and 586/2 of Edakochi Village, originally belonged to one Hameeda Hajiyani. Later, the said property was purchased by one K.K.Abdu as per Ext.P1. Petitioner purchased from the said Abdu, by Exts.P2, an extent on 2.350 cents of property and two shop rooms in August, 2013. In March, 2015 petitioner applied for domestic and non-domestic water supply to his premises. When the petitioner approached second and third respondents during first week of January, 2017, consequent to the delay in securing the water supply connection, petitioner was informed that an amount of Rs. 5,70,207/- was due from the earlier owner of the premises namely Hameeda Hajiyani towards arrears of water charges, interest and fine. Thereupon, the second respondent served on the petitioner Ext.P3 demand notice addressed to Hameeda Hajiyani and the petitioner was informed, unless the amount due in Ext.P3 is cleared, he would not be given water supply connection.
W.P.(C) No.2768 of 2017
2
According to the petitioner, there is no liability for the petitioner to pay any such amount, since he is a subsequent purchaser. It is also contended that, the claim raised by the respondents is of the year 2003, and therefore, the demand is also hit by the provisions of Law of Limitation. It is in this background seeking appropriate direction to the respondents, this writ petition is filed.
W.P.(C) No.2768 of 2017
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among the respondents to take on board the applications submitted by the petitioner registered as 151/16 and 152/16 seeking domestic as well as non-domestic water connection , and consider the same in accordance with law. If there are no other
legal impediments standing in the way other than the one referred to Ext.P3, connection shall be provided within a month
from the date of receipt of a copy of this judgment.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE
dlk/7/3/
3 issues framed by the court
Whether a subsequent purchaser of property is liable for outstanding water charges and fines levied against the previous owner.
Whether the demand notice issued after the prescribed period of limitation is sustainable and bars the grant of water connection.
Whether the water authority is directed to consider the petitioner's application for water connection in the absence of legal impediments.
1 provisions across 1 enactments
Mohammed Moosa
Kerala Water Authority Represented by its Managing Director
Assistant Executive Engneer Kerala Water Authority
Assistant Engineer Kerala Water Authority
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
