SR EASTHALA Vs. KERALA WATER AUTHORITY

JUDGEMENT

(1.) THE Original Petition is filed for quashing Ext.P1, P2, P3 and P5. Petitioner is the Mother Superior, Avila Convent, Kandanad. Water connection was given to the petitioner for domestic purposes. While so, the 3rd respondent by Ext.P1 informed the petitioner that disconnection of water supply should be effected for the reason that the water charge was paid by the petitioner at domestic rate. By Ext.P2 the petitioner was also informed that as average consumption was very high, the petitioner had to change the connection from domestic rate into non -domestic rate and the petitioner was directed to attend the 3rd respondent's office on 22.4.1997 to settle the matter. By Ext.P3 the petitioner was directed to execute an agreement for changing the connection into non -domestic. Petitioner filed Ext.P4 representation before the 2nd respondent stating that the water was used only for domestic purpose. By Ext.P5 order the 3rd respondent rejected the petitioner's representation and the petitioner was requested to remit the dues and execute a new agreement for the conversion from domestic to non -domestic. Aggrieved by the above, the petitioner has approached this Court.

(2.) THE stand taken by the respondents is that though the connection has been given for domestic purposes, on inspection it is found that water was used for non -domestic purposes also. The respondents contended that the average monthly consumption of more than 57 KL of drinking water by the petitioner could not be treated as domestic connection. The respondents also contended that institution like convent was categorised as non -domestic. Further it is contended that the petitioner had accommodated students also in the convent.

(3.) IN Sub -section (f) of Section 2 of the Kerala Water Authority (Water Supply) Regulations, 1991 the term 'domestic connection' is defined as 'a category of water supply connection provided from the main to premise to supply water for domestic purposes'. Section 37 of the Kerala Water Supply and Sewerage Act, 1966 reads as follows: -