Disposed

Aryabhangy Builders Pvt. Ltd. v. State of Kerala

Kerala HC6 Mar 2020WP(C)/3468/2020

Case brief

AI extract

What is this about?

Petitioner challenged arrear water bills, claiming non-occupation and lack of notice. Court held Respondent 4 must decide after hearing petitioner on representation and kept coercive proceedings in abeyance for one month.

What did the court decide?

Coercive proceedings on the basis of Exhibits P4 and P6 kept in abeyance for one month; appropriate orders to be passed after hearing parties on representation.

Aryabhangy Builders Pvt. Ltd. Vs State of Kerala — Consumer Protection | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 06TH DAY OF MARCH 2020 / 16TH PHALGUNA, 1941 WP(C).No.3468 OF 2020(G)

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PETITIONER:

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ARYABHANGY BUILDERS PVT LTD REPRESENTED BY ITS MANAGING DIRECTOR, JIBI THOMAS @ GEORGE THOMAS, 7TH FLOOR, ARYABHANGY PINNACLE, S.A.ROAD, ELAMKULAM, KOCHI-682020

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BY ADVS.

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SRI.K.C.ELDHO SRI.MALLENATHAN.M. SMT.K.SINDHU ELIAS SMT.KRISHNA SANTHOSH SMT.HARITHA JAYAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT DEPARTMENT OF WATER SUPPLY, SECRETARIAT, TRIVANDRUM-695001

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2 KERALA WATER AUTHORITY REPRESENTED BY CHAIRMAN, JALABHAVAN, VELLAYAMBALAM, TRIVANDRUM-695010

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3 MANAGING DIRECTOR JALABHAVAN, VELLAYAMBALAM, TRIVANDRUM-695010

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4 ASSISTANT EXECUTIVE ENGINEER WATERWORKS SUBDIVISION, KERALA WATER AUTHORITY, PALLIMUKKU, ERNAKULAM-682016

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WP(C).No.3468 OF 2020(G)

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BY ADVS.

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R2-4 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY GP SMT.VINITHA B

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.3468 OF 2020(G)

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JUDGMENT

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This Writ Petition is filed seeking following reliefs:

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“a. call for the records leading to Exhibit P4 and P6 and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction.

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b. issue a writ of mandamus or any other appropriate writ order or direction compelling the respondents 2 and 3 to consider and pass orders on Exhibit P8 representation within a time limit stipulated by this Hon'ble Court.”

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Heard the learned counsel for the petitioner and the learned standing counsel appearing for the Kerala Water Authority. It is submitted by the learned counsel for the petitioner that the petitioner a consumer had been paying the water bills which were served on him from time to time. However, without any justification it is submitted that Ext.P3 series of bills have been issued to the petitioner demanding huge arrears of water charges. The petitioner has submitted Ext.P5 objections against the arrear bills before the 4^th respondent pointing out the factual aspects of the matter. Learned standing counsel submits that the building is not in occupation and

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WP(C).No.3468 OF 2020(G)

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that the notice and bills issued to the petitioner had not been served. In view of the fact that the petitioner has already approached the 4^th respondent with Ext.P5 representation, I am of the opinion that the 4^th respondent is to take an appropriate decision in the matter after hearing the petitioner also.

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Appropriate orders shall be passed after issuing notice to the petitioner and hearing the petitioner on Ext.P5 representation within a period of one month from the date of receipt of a copy of the judgment. Till such tim e, coercive p roceedings on the basis of Exts.P4 and P6 shall be kept in abeyance.

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Sd/ANU SIVARAMAN JUDGE

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SCS

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WP(C).No.3468 OF 2020(G)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE COPY THE BUILDING ROAD	OF WI	THE TH O	PHOTOGRAPHS SHOWING PEN ACCESS TO PUBLIC
EXHIBIT P2(A)	A TRUE COPY FOR THE PERI	OF OD	THE 14.0	WATER PAYMENT RECEIPT 9.2018
EXHIBIT P2(B)	A TRUE COPY FOR THE PERI	OF OD	THE 22.1	WATER PAYMENT RECEIPT 1.2018
EXHIBIT P2(C)	A TRUE COPY FOR THE PERI	OF OD	THE 15.0	WATER PAYMENT RECEIPT 1.2019
EXHIBIT P2(D)	A TRUE COPY FOR THE PERI	OF OD	THE 14.0	WATER PAYMENT RECEIPT 3.2019
EXHIBIT P2(E)	A TRUE COPY FOR THE PERI	OF OD	THE 17.0	WATER PAYMENT RECEIPT 9.2019
EXHIBIT P3(A)	A TRUE COPY SHOWING THE FROM 01.06.2	OF PAY 019	THE MENT	ELECTRICITY BILLS OF MINIMUM CHARGES
EXHIBIT P3(B)	A TRUE COPY SHOWING THE FROM 01.07.2	OF PAY 019	THE MENT	ELECTRICITY BILLS OF MINIMUM CHARGES
EXHIBIT P3(C)	A TRUE COPY SHOWING THE FROM 02.09.2	OF PAY 019	THE MENT	ELECTRICITY BILLS OF MINIMUM CHARGES
EXHIBIT P3(D)	A TRUE COPY SHOWING THE FROM 01.10.2	OF PAY 019	THE MENT	ELECTRICITY BILLS OF MINIMUM CHARGES
EXHIBIT P3(E)	A TRUE COPY SHOWING THE FROM 01.11.2	OF PAY 019	THE MENT	ELECTRICITY BILLS OF MINIMUM CHARGES
EXHIBIT P4	A TRUE COPY BY THE SPOT RESPONDENT	OF BUI	THE LDIN	ADDITIONAL BILL ISSUED G OFFICE UNDER THE 4TH
EXHIBIT P5	A TRUE COPY 29.11.2019	OF	THE	REPRESENTATION DATED

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WP(C).No.3468 OF 2020(G)

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EXHIBIT P6 A TRUE COPY OF THE ADDITIONAL DEMAND NOTICE ON THE BASIS OF EXHIBIT P4

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EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION DATED 16.01.2020 ISSUED BY THE 4TH RESPONDENT EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION DATED 21.01.2020 EXHIBIT P9 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED BY RESPONDENTS 2 AND 3

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//TRUE COPY// PA TO JUDGE

Aryabhangy Builders Pvt. Ltd. v. State of Kerala

Case brief

What is this about?

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Aryabhangy Builders Pvt. Ltd. v. State of Kerala

Case brief

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