The Managing Director v. The Manager

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936 WA.No. 303 of 2015 () IN WP(C).29435/2014 ------------------------------------------- AGAINST THE JUDGMENT IN WP(C) 29435/2014 of HIGH COURT OF KERALA DATED 20-11-2014 ------------------ APPELLANT(S)/RESPONDENTS 2 TO 4 :- -------------------------------------

1. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN THIRUVANANTHAPURAM-695 001.

2. THE CHIEF ENGINEER (SOUTH), KERALA WATER AUTHORITY, JALA BHAVAN THIRUVANANTHAPURAM-695 001.

3. THE ASSISTANT EXECUTIVE ENGINEER, WATER SUPPLY SUB DIVISION, KWA, SASTHAMKOTTA KOLLAM DISTRICT BY ADV. SRI.GEORGE MATHEW, SC, KWA RESPONDENT(S)/PETITIONER & 1ST RESPONDENT :- ------------------------------------------------

1. THE MANAGER, N.SREEKANTAN NAIR SHASHTIPOORTHI MEMORIAL UPPER PRIMARY SCHOOL PATHARAM, KAKKAKUNNU P.O., SOORANAD KOLLAM-695 522.

2. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT WATER RESOURCE DEPARTMENT, GOVT. SECRETARIAT THIRUVANANTHAPURAM-695 001.

R2 BY SR.GOVERNMENT PLEADER SRI.P.I.DAVIS R1 BY ADV. SRI.JOHN JOSEPH VETTIKAD THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ASHOK BHUSHAN, Ag. C.J & A.M. SHAFFIQUE, J.

---------------------------------- W.A. No.303 of 2015 --------------------------------- Dated this the 13th day of February 2015

J U D G M E N T

Ashok Bhushan, Ag.CJ Heard the learned counsel for the appellants as well as the learned Government Pleader and the learned Standing Counsel.

2.

This writ appeal has been filed against the judgment dated 20.11.2014 passed in W.P.(C) No.29435 of 2014. The writ petition was filed by an educational institution praying for quashing Ext.P5, the meter reading bill issued by the Kerala Water Authority. The writ petitioner had claimed for payment of water charges as a domestic consumer by virtue of Sec.37 of the Kerala Water Supply and Sewerage Act, 1986.

3.

Learned counsel appearing for both parties agreed that the issues, which are raised in this writ appeal have

W.A. No.303 of 2015 -: 2 :- already been decided by this Court in the judgment dated 6.2.2015 passed in W.A.No.126 of 2015.

Following the aforesaid judgment, this appeal is also dismissed.

Sd/- ASHOK BHUSHAN Ag. CHIEF JUSTICE Sd/- A.M. SHAFFIQUE JUDGE //TRUE COPY// P.A. TO JUDGE Jvt