Allowed

Vinodini, v. the Assistant Executive Engineer

Kerala HC15 Feb 2022WP(C)/1004/2022

Case brief

AI extract

What is this about?

The High Court discharged a writ petition challenging the change of water tariff from Domestic to Non-Domestic. The Court held that housing employees without commercial charge does not constitute a boarding or lodging house.

What did the court decide?

Ext.P6 set aside; respondent restrained from levying Non-Domestic charges; tariff changed to Domestic; excess amount adjusted against future bills.

Vinodini, Vs the Assistant Executive Engineer — Service and Employment | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
WP(C) NO. 1004 OF 2022

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PETITIONER:

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VINODINI,
AGED 59 YEARS
W/O. VISWANATHAN, 32/2025, PUNATHIL PADAM ROAD,
EDAPPILLY.PIN: 682021
BY ADV O.D.SIVADAS

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RESPONDENT:

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THE ASSISTANT EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY, VYTTILA SECTION,
KADAVANTHRA, ERNAKULAM, PIN 682 020.
BY ADV V.V.JOSHI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NO. 1004 OF 2022 2

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JUDGMENT

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Dated this the 15^th day of February, 2022

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The petitioner, who is owner of a residential house situated at Edappilly, is aggrieved by the levy of water charges at the rate applicable to non-domestic consumers.

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The petitioner states that he is the owner of a residential house at Edappilly. A water connection was provided to the residential house of the petitioner with Consumer No.3119106306. Water charges were levied as per Domestic Tariff.

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The respondent changed the Tariff into NonDomestic category unilaterally in the Month of November, 2017. The change of Tariff was done without notice to the petitioner. When the petitioner made enquiries, she was informed that the change of Tariff was due to the fact that she is accommodating workers in the said residential house.

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WP(C) NO. 1004 OF 2022 3

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The petitioner states that she had given

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accommodation in the said house to her own workers and on account of the said fact, the Tariff cannot be changed since the nature of accommodation is Domestic. There is no commercial activity being carried out in the residential house. Therefore, the action of the respondents in converting the category from Domestic to Non-Domestic is unsustainable.

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The respondent opposed the writ petition. The respondent submitted that the water connection is not in the name of the petitioner, but is in the name of one Lazzer Baby with I.D.3113106306. Connection was given on 29.07.2002. It was a Domestic connection at that time.

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The respondent submitted that the Meter Inspector reported on 18.01.2022 that building is used for accommodating staff of Keerthi Jwellery, Palarivattom and there are ten bachelors staying in the building. As per Regulation 37(F) of the Kerala Water Authority Regulations, the connection is used for non-domestic purpose and hence it has been converted into Non-Domestic category.

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WP(C) NO. 1004 OF 2022 4

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The respondent submitted that as per Regulation 37(F), if consumption and usage is at restaurant or by inmates of Hotels, Boarding Homes, Lodging-cum-Boarding houses or residential clubs and for bath used by such inmates, the connection is Non-Domestic. Therefore, the change of Tariff is justified.

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The learned Standing Counsel for the respondent pointed out that the petitioner had filed WP(C) No.35558/2018 challenging the conversion of the consumer connection to NonDomestic. This Court, as per Ext.P5 judgment, directed the respondent to hear the petitioner and take a decision on merit. Accordingly, the petitioner was heard and the Assistant Executive Engineer found that the connection is Non-Domestic. The learned Standing Counsel submitted that the Assistant Executive Engineer has ample power to change the Tariff, taking into consideration the usage of water connection.

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The learned Standing Counsel forcefully argued that the Kerala Water Authority Regulations classify Clubs, Hotels,

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WP(C) NO. 1004 OF 2022 5

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Boarding Homes, Lodging-cum-Boarding houses and residential clubs into Non-Domestic category. The reason is that the occupation is in connection with a commercial activity. In the case of the petitioner's residence also, the residential facility is given to the staff of a Commercial Enterprises. Therefore, the action of the Assistant Executive Engineer is justified.

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I have heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent.

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There is no dispute that the building of the petitioner to which the water connection is given, is a residential building and is not a commercial complex. Regulation 37(F) of the Kerala Water Authority Regulations provides that if the consumption and usage is at (1)Restaurant, (2) By inmates of Hotels, (3) Boarding Homes, (4) Lodging cum Boarding houses, (5) Residential Clubs, (6) For bath used by such inmates, the consumer is liable to pay water charges at Non-Domestic rate.

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The question is whether the building of the petitioner which is used for the residential purpose of employees can be clubbed along with the afore commercial units. The residential

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WP(C) NO. 1004 OF 2022 6

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building is used to accommodate the petitioner’s workers. The petitioner submits that no charge is levied from the workers for the purpose of their accommodation in the building. It is obviously not a hotel or boarding home. It is not lodging-cumboarding house or residential club. By boarding homes and lodging, what is intended is that such home should be open to general public. The boarding homes and lodging-cumboarding homes are independent commercial entities in themselves.

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When employees of Government or Private Enterprises are residing in a residential building, the same cannot be treated as lodging or boarding houses. Those are residential units used by employees. Such usage cannot, by no stretch of imagination, be treated as Non-Domestic purpose.

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In the circumstances, Ext.P6 is set aside. The respondent is restrained from levying water charges in respect of Consumer No. 3119106306 at Non-Domestic Tariff. The respondent shall immediately change the Tariff of the building from Non-Domestic to Domestic. Any excess amount paid by

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WP(C) NO. 1004 OF 2022 7

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the petitioner towards water charges at the rate applicable to

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Non-Domestic purpose, shall be adjusted against the future

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bills.

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The writ petition is disposed of as above.

sd/-

N.NAGARESH

JUDGE

hmh

WP(C) NO. 1004 OF 2022 8

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APPENDIX OF WP(C) 1004/2022

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PETITIONER EXHIBITS

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`Exhibit P1`	`TRUE COPY OF THE BILLS ISSUED TO THE` `PETITIONER AT DOMESTIC TARIFF FOR THE` `PERIOD APRIL/2017 AND AUGUST 2017`
`Exhibit P2`	`TRUE COPY OF THE BILL DATED 12.12.2017` `ISSUED TO THE PETITIONER AT NON-DOMESTIC` `TARIFF.`
`Exhibit P3`	`TRUE COPY OF THE BILLS ISSUED TO THE` `PETITIONER AT FOR THE PERIOD` `FEBRUVARY/2018, APRIL/2018, JUNE/2018` `AND AUGUST/2018 AT NON -DOMESTIC TARIFF.`
`Exhibit P4`	`TRUE COPY OF REPRESENTATION SUBMITTED BY` `THE PETITIONER BEFORE THE RESPONDENT` `WITH POSTAL RECEIPT.`
`Exhibit P5`	`TRUE COPY OF THE JUDGMENT IN W.P.C NO.` `35558/18 DATED 01.02.2019 RENDERED BY` `THE HON'BLE HIGH COURT.`
`Exhibit P6`	`TRUE COPY OF THE PROCEEDINGS ISSUED BY` `THE ASSISTANT EXECUTIVE ENGINEER.`
`RESPONDENTS` `EXHIBIT`	`NIL`

Vinodini, v. the Assistant Executive Engineer

Case brief

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What did the court decide?

Vinodini, v. the Assistant Executive Engineer

Case brief

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