Disposed

K.v.Kumar, v. Kerala Water Authority

Kerala HC7 Jun 2019WP(C)/10811/2019

Case brief

AI extract

What is this about?

In a writ petition challenging a notice for water charges, the High Court permitted the petitioner to pay the balance amount in three equated monthly instalments. While granting an interim order, the Judge warned that any violation would allow the respondents to proceed for recovery and disconnection in a lump sum.

What did the court decide?

Permission granted to pay the outstanding water balance in three equated monthly instalments from 26.6.2019; warning issued that violation will lead to recovery in lump sum.

K.v.Kumar, Vs Kerala Water Authority — Writ and Judicial Review | Kerala HC (2019)

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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 SHAJI P.CHALY

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FRIDAY, THE 07TH DAY OF JUNE 2019 / 17TH JYAISHTA, 1941

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WP(C).No. 10811 of 2019

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PETITIONER/S:

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K.V.KUMAR, AGED 57 YEARS MANAGING PARTNER, HOTEL HILTON, HOUSING BOARD JUNCTION, THAMBANOOR, THIRUVANANTHAPURAM.

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BY ADV. SRI.M.BALAGOVINDAN

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RESPONDENT/S:

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1 KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM - 695 033.

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2 EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM - 695 033.

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3 ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, W.W.SOUTH SUB DIVISION, KURIATHY, KWA, THIRUVANANTHAPURAM - 695 033.

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BY ADV. SMT.MARY BENJEMIN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 10811 of 2019

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JUDGMENT

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This writ petition is filed by the petitioner challenging Ext.P3 notice issued by the Kerala Water Authority dated 30.3.2019, whereby petitioner was directed to pay an amount of Rs.8,92,500/- towards water charges, failing which action will be initiated to recover the amount and also to disconnect the supply. An interim order was passed by this Court staying the operation of Ext.P3, however, on condition of payment of Rs.2,00,000/-.

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Today when the matter is taken up, learned Standing Counsel for the Water Authority submitted that out of the total amount specified above, an amount of Rs.5,48,200/- is paid by the petitioner. Learned Counsel for the petitioner submitted that the balance amounts will be paid in three instalments.

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Having heard learned Counsel for the petitioner and the learned Standing Counsel, petitioner is permitted to pay the outstanding balance from the total amount shown above, in three equated monthly instalments starting from 26.6.2019 and on the corresponding date of the succeeding months. However, I also

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WP(C).No. 10811 of 2019

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make it clear that if any of the direction is violated, the respondents will be at liberty to proceed in accordance with law

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and recover the balance amount in lump.

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The writ petition is disposed of accordingly.

Sd/

SHAJI P.CHALY

JUDGE

Jm/

WP(C).No. 10811 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.440/2006(B) BEFORE THIS HON'BLE HIGH COURT, ERNAKULAM DATED 23/01/2017. EXHIBIT P2 TRUE COPY OF THE REPLY DATED 29/03/2019. EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 30/3/2019. EXHIBIT P4 COPY OF THE MEDICAL RECORD ISSUED FROM SREE CHITRA MEDICAL CENTRE, TRIVANDRUM.

K.v.Kumar, v. Kerala Water Authority

Case brief

What is this about?

What did the court decide?

K.v.Kumar, v. Kerala Water Authority

Case brief

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What did the court decide?

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