IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2186 of 2011(W)
1. SHAMEEMA,
... Petitioner
Vs
1. STATE OF KERALA , REPRESENTED BY THE
... Respondent
2. THE ASSISTANT EXECUTIVE ENGINEER,
For Petitioner :SMT.M.A.THASNIM
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :21/01/2011
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 2186 OF 2011
=====================
Dated this the 21st day of January, 2011
J U D G M E N T
Aggrieved by Exts.P2, P3 and P4, petitioner has filed this
writ petition.
2. Petitioner is a consumer of Water Authority. According
to the petitioner, Ext.P1 shows the normal bill amount, which have
all been paid. It is stated that, despite that, by Exts.P2, P3 and P4
exorbitant demands were made, which is unrelated to the water
consumed. Thereupon, petitioner submitted Ext.P5 to the
respondent. That was not considered and therefore she has
approached this Court.
3. As rightly pointed out by the learned standing counsel
for the Water Authority, if the petitioner is aggrieved by Exts.P2,
P3 and P4, the remedy available to the petitioner is to file appeal
before the Executive Engineer of the Water Authority. Petitioner
has not filed any appeal and on the other hand has filed Ext.P5
representation to the 2nd respondent, who is not the competent
authority. That apart, it is also pointed out that, under the
Regulations, to maintain an appeal, 50% of the amount
WPC No. 2186/11
:2 :
demanded should be remitted.
4. Although it is true that Ext.P5 has been filed before a
wrong authority, still having regard to the fact that the regulations
provide for an appellate remedy, I direct that, on the production
of a copy of this judgment, the 2nd respondent will forward Ext.P5
to the Executive Engineer concerned, who shall treat Ext.P5 as an
appeal filed by the petitioner against Exts.P2, P3 and P4 and
consider the same with notice to the petitioner and pass
appropriate orders. This shall be done, on the petitioner remitting
30% of the amount due under Exts.P2, P3 and P4 and on such
remittance, coercive action pursuant to the impugned bills shall
be kept in abeyance. The amount shall be remitted within one
week from today.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp