Ramen Chetty V. The Municipal Council

Present: Mr, Justice Wood Renton.

RAMEN CHETTY v. THE MUNICIPAL COUNCIL, KANDY.

C. R., Kandy, 17, 260.

Water service, cutting off-By-laws-Validity-Excessive consumption of water-By-laws 157 and 173--Ordinances Nos. 7 of 1887 and 8 of 1901, s. 6.

Section 173 of the by-laws of the Kandy Municipality, made under the provisions of section 6 of Ordinance No. 8 of 1901, does not empower the Municipal Council to out off the water supply of a ratepayer who is not in default as regards payment of his ordinary water-rate, but has merely used a private supply of water for other than domestic purposes.

THE plaintiff, who was the owner of house No. 25, Trincomalee - street, Kandy, to which a water service had been allowed by the Council some years ago, alleged that the defendant Council on or about May 10, 1908, wrongfully cut off the supply of water to the said house, and prayed for a decree restoring the water service to the said house, and also for an injunction restraining the Council from continuing to cut off the water supply and compelling its restoration. The defendant Council answered that the plaintiff had failed to comply with

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