Allowed

Mary Roshni v. Kerala Water Authority

Kerala HC8 Jun 2022WP(C)/7349/2021

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking extension of time for water bill payment due to an inter se dispute with the landlord. It permitted arrears to be paid in installments upon payment of an advance of Rs. 5,000 by the petitioners.

What did the court decide?

Restoration of water connection upon payment of Rs. 5,000. Permission to pay total arrears in six equal monthly installments starting 04.07.2022. Direction to pay regular bills on due dates.

Mary Roshni Vs Kerala Water Authority — Service and Employment | Kerala HC (2022)

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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 V.G.ARUN

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WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944

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WP(C) NO. 7349 OF 2021

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PETITIONER/S:

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1MARY ROSHNI
AGED 34 YEARS
W/O. MOBIN, NADUVILA VEETIL (H), NEETOOR P.O., MARADU
(VA), ERNAKULAM-682040.

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2 SREEDHARAN K.A., AGED 60 YEARS S/O. AYYAPPAN, KARUKAPPURAM, VELOOR, KOTTAYAM-686003.

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3 JASHEER K.A., AGED 39 YEARS S/O. ABDUL LATHEEF, KALLIPARAMBU, ASHOKAPURAM P.O., ALUVA.

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4 HASEEB K.H., AGED 36 YEARS S/O. HANEEFA K.K., 69/2456, KALLUNGAL HOUSE, DARUSSALAM LANE, S.R.M.ROAD, PACHALAM, ERNAKULAM-682012.

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5 REHNA P.H., AGED 44 YEARS W/O. LATE MUHAMMADALI P.M., PEREECHIRA, KEENPURAM, SOUTH VAZHAKKULAM, ALUVA-683105.

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BY ADVS.

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ANUPAMA SUBRAMANIAN
SRI.K.R.SRIPATHI

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RESPONDENT/S:

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1KERALA WATER AUTHORITY
REPRESENTED BY ASSISTANT EXECUTIVE ENGINEER, OFFICE OF
THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER
AUTHORITY, P.H.SUB DIVISION, ALUVA-1.

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2 PRADEEP KUMAR K.S., SAI NANDANAM, NEAR VIDYODAYA SCHOOL, EDAPALLYPUKKATTUPADY, THEVAKKAL, KOCHI-682021. BY ADVS.

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SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY GEORGIE JOHNY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 7349 OF 2021

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JUDGMENT Dated this the 8^th day of June, 2022

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The inter se dispute between the petitioners and the second respondent, lessee and lessor respectively, resulted in neither of the parties remitting the water bills. The Water Authority issued Ext.P2 bill demanding an amount of Rs.32,701/- towards water consumption charges.

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As the amount was not paid, water supply to the building was disconnected. After much pleading and payment of a portion of the bill, the connection was restored. As the balance amount is not paid, there is threat of disconnection. The relief sought in this writ petition is to extend the time for paying the bill amount, till the dispute with the landlord is resolved.

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Learned Counsel for the petitioners submitted that, for the time being, the petitioners will be satisfied, with a direction to the first respondent to permit them to pay off the arrears in installments. Learned Standing Counsel submitted that along with the arrears, the

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WP(C) NO. 7349 OF 2021

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petitioners should also pay the regular bills raised by the Water Authority.

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In the nature of the order being passed, notice to the second respondent is dispensed with.

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The Writ Petition is hence disposed of, permitting the petitioners to pay off the entire arrears due as on date in instalments. The water connection shall be restored on the petitioners remitting an amount of Rs.5,000/- towards arrears. The balance amount shall be remitted in six equated monthly installments, the first of which shall be remitted on or before 04.07.2022 and the balance instalments, before the 4^th day of every succeeding month. The petitioners shall also pay the regular bills raised by the Water Authority, within the due date. The petitioners are at liberty to resolve their dispute with the second respondent by approaching the appropriate forum.

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Sd/V.G.ARUN JUDGE

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WP(C) NO. 7349 OF 2021

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APPENDIX OF WP(C) 7349/2021

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PETITIONER EXHIBITS

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EXHIBIT P1A TRUE COPY OF THE LEASE AGREEMENT
ENTERED INTO BY THE 1ST PETITIONER WITH
THE 2ND RESPONDENT DATED 24.8.2020.

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EXHIBIT P2A TRUE COPY OF THE NOTICE ISSUED BY THE
1ST RESPONDENT TO THE 2ND RESPONDENT
HEREIN ON 12.2.2021.

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EXHIBIT P3A TRUE COPY OF THE REPRESENTATION
PREFERRED BY THE PETITIONERS HEREIN ON
4.3.2021 BEFORE THE 1ST RESPONDENT
HEREIN.

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EXHIBIT P4A TRUE COPY OF THE RECEIPT OF PAYMENT
OF RS.115 IN THE NAME OF THE 2ND
RESPONDENT BEFORE THE 1ST RESPONDENT
FOR RECONNECTION DATED 5.3.2021.
EXHIBIT P5A TRUE COPY OF THE RECEIPT OF PAYMENT
OF RS.5000 IN THE NAME OF THE 2ND
RESPONDENT BEFORE THE 1ST RESPONDENT AS
INSTALLMENT TOWARDS THE DUE AMOUNT
DATED 5.3.2021.

Mary Roshni v. Kerala Water Authority

Case brief

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Mary Roshni v. Kerala Water Authority

Case brief

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