The Hindu : Front Page : Water supply can be cut sans notice: HC

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Sunday, Nov 04, 2007
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Water supply can be cut sans notice: HC

Mohamed Imranullah S.

MADURAI: Local body officials need not issue a show cause notice before disconnecting water supply for illegal suction using electric motor, the Madras High Court has ruled.

Justice M. Jeyapaul said that the principle of natural justice would not apply in such cases as it involved flagrant violation of Government standing orders, prohibiting suction of water from civic pipelines, as spotted by officials.

Issuing notice, receiving a reply and then holding an enquiry was a lengthy process. “We cannot expect the officials to close their eyes until the enquiry is concluded…By that time, the violators would have caused irreparable damage to the interest of the public who are entitled to even distribution of drinking water,” the Judge said.

The petitioner, C. Sakthivel of Kovilpatti in Tuticorin district, said that the municipality had disconnected water supply to his house, seized an electric motor pump and ordered to pay a penalty of Rs.7000 to restore the water connection. He relied upon a Supreme Court ruling which held that electricity supply could not be disconnected without issuing a proper notice. However, Mr. Justice Jeyapaul said that the ruling on electricity connection could not be equated with the present case. An electric meter need not necessarily malfunction due to tampering because there was every chance of it happening owing to wear and tear or a manufacturing defect. Hence, disconnection of electricity supply under such circumstances would cause hardship to an innocent consumer.

In this case, the official concerned had inspected the petitioner’s house and found that he was drawing water with a motor. “In such circumstances, nature of justice demands immediate seizure of the electric motor and disconnection of water supply so as to avoid any further public injury,” the Judge said.

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