WP(C) NO. 13096 OF 2017 1 2025:KER:29023 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 13096 OF 2017 PETITIONER: SINDU NARAYANKUTTY AGED 50 YEARS W/O.M.K.NARAYANKUTTY, PRESENTLY RESIDING AT 39/3330A, KSN MENON ROAD,KARITHALA, KANAYANNOOR TALUK, ERNAKULAM DISTRICT. BY ADV SRI.M.GEORGE THOMAS RESPONDENTS: 1 KERALA WATER AUTHORITY JALABHAVAN,VELLAYAMBALAM, THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS MANAGING DIRECTOR. 2 THE MANAGING DIRECTOR THE KERALA WATER AUTHORITY, JALABHAVAN,VELLAYAMBALAM, THIRUVANANTHAPURAM-01. 3 THE ASST.ENGINEER KERALA WATER AUTHORITY, W.W.SN.NO.II,KOCHI-16. 4 THE ASST.EXECUTIVE ENGINEER OFFICE OF THE ASST.EXECUTIVE ENGINEER, WATER WORK SUB DIVISION, KERALA WATER AUTHORITY,KOCHI-16. 5 THE EXECUTIVE ENGINEER KERALA WATER AUTHORITY,KOCHI-16. WP(C) NO. 13096 OF 2017 2 2025:KER:29023 6 THE DISTRICT COLLECTOR COLLECTORATE,ERNAKULAM. BY ADVS. SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY P.M.JOHNY DHEERAJ A.S. - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13096 OF 2017 3 2025:KER:29023 MOHAMMED NIAS C.P., J. ======================== W.P(C) No.13096 of 2017 ========================= Dated this the 4th day of April, 2025 J U D G M E N T The petitioner challenges the revenue recovery proceedings initiated through Ext.P3 dated 08.03.2017 to recover the arrears due to the Kerala Water Authority concerning two connections existing in the name of one Shankarankutty Menon, the late father of the petitioner, in building Nos. 40/7112 and 40/7639 bearing Nos. E/40/3235/N and E/40/2671/N in the non-domestic category. The connections were taken when the water supply was under the Kochi Corporation. Later, the water supply was handed over to the Kerala Water Authority with effect from 01.03.1991. 2. The petitioner submits that the building in question devolved on her after the death of the father, which was handed over to third parties in the year 2001. She submits that the water WP(C) NO. 13096 OF 2017 4 2025:KER:29023 connection bearing No. E/40/3235/N was disconnected on 06.08.2009, while connection No. E/40/2671/N was disconnected on 04.06.2003. Under such circumstances, she challenges Ext.P3 demand made by the Water Authority on 08.03.2017 as time barred. 3. Upon admission of the writ petition, an interim order was passed on 27.09.2017, noting that Ext.P4 cannot be sustained as the water connection bearing No. E/40/2671/N was disconnected on 04.06.2003 and therefore, the recovery would be hit by limitation, if no steps for recovery were taken till then. As far as the 2nd connection is concerned, the respondent submits that the disconnection was on 06.08.2009, and, therefore, it cannot be said that the revenue recovery is time barred. There was also a direction to the learned Standing Counsel for the Water Authority to produce the requisition made to the revenue recovery authorities and the proceedings, if any taken by them, within two weeks from the date of the order. There was a further direction to consider the petitioner’s application for a fresh connection. 4. It is submitted by the learned Counsel for the petitioner WP(C) NO. 13096 OF 2017 5 2025:KER:29023 that a fresh connection was granted pursuant to the interim order passed by this Court referred to above. Noticing that the interim order passed by this Court to produce the requisition was not complied with, this Court passed an order on 24.01.2025 directing the Water Authority to comply with the order dated 27.01.2017. Time was again granted on 03.03.2025. When the matter was adjourned to 25.03.2025, directing the appearance of the Managing Director, Kerala Water Authority as the earlier order was not complied with, an application was filed by the Managing Director stating that the requisition directed to be produced, could not be traced and that there is no chance to trace out the same. He also sought a direction to withdraw the order directing the production of the documents, which prayer was not allowed. 5. Taking note of the fact that no requisition and no documents were produced with respect to the requisition as regards the 1st connection bearing No. E/40/2671/N on 04.06.2003, the contention of the petitioner that the same is time-barred has to be upheld. As regards the connection bearing No. E/40/3235/N, which WP(C) NO. 13096 OF 2017 6 2025:KER:29023 was disconnected only on 06.08.2009, the requisition was on 20.05.2010, the same is within time. 6. It is surprising that the water authority did not comply with the interim order passed by this Court directing them to produce the requisition, and the present explanation that the documents could not be traced out shows how the water authority is being managed. The arrears due from the consumer ought to have been collected within the time available. There is no justification at all for the authority not having attempted to recover the arrears from the consumer, more so in the case of non-domestic use. 7. The petitioner's contention that the computation is wrong, as the same amount has been repeated every month, is a matter that the Water Authority has to reconsider regarding the connection disconnected in 2009. For the said limited purpose, the matter is remitted to the third respondent. 8. Accordingly, the writ petition is disposed of with the following directions; i) The 3rd respondent will issue a notice to the petitioner WP(C) NO. 13096 OF 2017 7 2025:KER:29023 and decide the actual amount due with respect to the water connection bearing No. E/40/3235/N  within a month from today and decide the same within a month thereafter. ii) Needless to say, the petitioner will have to pay the statutory interest for the amount from the date it is payable, as no amount was paid on account of the interim stay granted by this Court. iii) As far as the connection bearing No. E/40/2671/N is concerned since there is nothing on record to show that any steps were taken against the petitioner for recovery, within time, no recovery can be taken for realising the arrears for that connection. The Writ petition is disposed of as above. Sd/- MOHAMMED NIAS  C.P. JUDGE LU WP(C) NO. 13096 OF 2017 8 2025:KER:29023 APPENDIX OF WP(C) 13096/2017 RESPONDENT EXHIBITS : EXHIBIT R2(A) TRUE COPY OF THE LETTER NO. HC/GEN/481/2023, DATED 12/3/2025, BY THE ASSISTANT EXECUTIVE ENGINEER, TO THE DEPUTY TAHSILDAR(RR), KANAYANNOOR THALUK, ERNAKULAM. EXHIBIT R2(B) TRUE COPY OF THE LETTER NO. NO.HC/GEN/481/2023, DATED 12/3/25, BY THE ASSISTANT EXECUTIVE ENGINEER, KWA, TO THE EXECUTIVE ENGINEER, P.H.DIVISION, KWA, KOCHI- 16. EXHIBIT R2(C) TRUE COPY OF THE LETTER NO.B9-35481/10, DATED 23/06/2017, ISSUED FROM THE DISTRICT COLLECTOR, ERNAKULAM, ADDRESSED TO ADVOCATE GENERAL, ERNAKULAM. PETITIONER EXHIBITS : EXHIBIT P1 THE TRUE COPY OF THE APPLICATION DATED 05.08.2016 FILED BY THE PETITIONER FOR NEW WATER CONNECTION BEFORE THE 5TH RESPONDENT EXHIBIT P2 THE TRUE COPY OF THE ORDER NO.SN/2/20/2014-15 DATED 13.02.2017 BY THE 3RD RESPONDENT ASST.ENGINEER EXHIBIT P3 THE TRUE COPY OF THE ORDER NO.R5-456/15-16 DATED 08.03.2017 BY THE 4TH RESPONDENT EXHIBIT P4 THE TRUE COPY OF THE DETAILS OF AMOUNT DUE IN CONSUMER NO.E/40/2671/N ISSUED BY 4TH RESPONDENT EXHIBIT P5 THE TRUE COPY OF THE DETAILS OF THE AMOUNT DUE IN CONSUMER NO.E/40/3235/N ISSUED BY 4TH RESPONDENT. // True Copy // PA To Judge