High Court Kerala High Court

John Joseph vs The Kerala Water Authority on 27 August, 2008

Kerala High Court
John Joseph vs The Kerala Water Authority on 27 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25737 of 2008(L)



1. JOHN JOSEPH
                      ...  Petitioner

                        Vs

1. THE KERALA WATER AUTHORITY
                       ...       Respondent

                For Petitioner  :SRI.C.J.JOY

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :27/08/2008

 O R D E R
                          ANTONY DOMINIC, J.

                         ===============
                      W.P.(C) NO. 25737 OF 2008 L
                    ====================

                Dated this the 27th day of August, 2008

                               J U D G M E N T

Petitioner was being supplied water initially by the Pala Municipality

and subsequently the water supply was taken over by the Kerala Water

Authority. Petitioner submits that though he had a water connection,

there was no water supply. Despite this, in November, 2001, he was

issued a notice demanding payment for the period from 1995-2001 and on

receipt thereof, petitioner filed Ext.P1 objection.

2. It is stated that in September, 2002, the water connection

itself was disconnected. Despite this, in 2003, Ext.P2 was issued to him

demanding payment of Rs.12,743/-. On this occasion also, the petitioner

disputed the liability as per Ext.P4. It is stated that he did not hear

anything further in the matter. But, however he has now been served

Exts. P5 and P6 revenue recovery notices demanding payment of

Rs.54,661/- and other charges. It is challenging the recovery proceedings,

the writ petition has now been initiated.

3. Since the petitioner is disputing the very liability to pay the

amount demanded on the ground that he was not being supplied water

WPC 25737/08
:2 :

and that meter readings were not recorded, this involves resolution of the

factual disputes and therefore, in my view, appropriate course open to the

petitioner is to seek the appellate remedies that are available to him under

the Water Supply Regulations.

4. Therefore, I direct that the petitioner shall file an appeal

before the Executive Engineer of the Kerala Water Authority at Pala

against the demands now raised against him. The appeal shall be filed, as

expeditiously as possible, at any rate within one month from today. It is

directed that if such an appeal is filed and the amount demanded in Ext.P2

remitted along with the appeal, the appeal shall be considered on merits

and shall be disposed of with notice to him. It is directed that subject to

remittance of the amounts demanded in Ext.P2 as above, further

proceedings pursuance to Exts. P5 and P6 shall be kept in abeyance until

the appeal is disposed of as above.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE
Rp