K.B. SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is aggrieved, by the bills issued by the Kerala Water Authority, produced as Exhibits P3 and P4, as also the recovery notice, produced at Exhibit P5. The petitioner's contention is that no bills are issued after 2001. There was no water connection after 2001 in the premises which was leased out to the 4th respondent. In the context of there being no water supply after 2001, the petitioner had not paid any amounts and the petitioner is not liable to pay any amounts, argues the learned counsel appearing for the petitioner.

(2.) THE 3rd respondent has filed a statement, seeking to sustain the recovery initiated. The statement shows that the petitioner was granted water connection during December, 1995. The petitioner was also issued with Provisional Invoice Card [PIC] as permitted by Regulation 13 of the Kerala Water Authority (Water Supply) Regulations, 1991 [for short "the Regulations"]. The petitioner was obliged to make payments as per the PIC and adjustments could be made only at the end of the year when a proper bill was issued. But, the petitioner had not made any remittance as per the PIC.

(3.) IN considering the aforesaid issue, this Court cannot but notice that Exhibits P3 and P4 bills specifically noticed the status of the connection as "not working". The dues upto September, 2004 was an amount of Rs. 1,02,340/ -. Since the status of the meter was "not working" in Exhibit P3, obviously no liability could be cast on the petitioner for the period between 04.10.2004 to 01.12.2004 and for the subsequent periods. The Water Authority could have disconnected the connection as per Regulation 9 of the Regulations of 1991. No attempt was made by the Water Authority to disconnect the connection despite there being arrears, allegedly, of more than Rupees One Lakh, due from the petitioner. The Authority itself having admitted the status to be one in which no supply is effected, it is declared that the respondent -Authority cannot seek for any water charges subsequent to 04.10.2004.