High Court Kerala High Court

K.K. vs The Kerala Water Authority on 7 February, 2011

Kerala High Court
K.K. vs The Kerala Water Authority on 7 February, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3779 of 2011(V)


1. K.K.,YOUSUF,AGED 52,S/O.T.K.KHADER,
                      ...  Petitioner

                        Vs



1. THE KERALA WATER AUTHORITY,REP.BY ITS
                       ...       Respondent

2. THE EXECUTIVE ENGINEER,W.W.SUB DIVISION,

                For Petitioner  :SRI.JOBY JACOB PULICKEKUDY

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :07/02/2011

 O R D E R
                       ANTONY DOMINIC, J.
              --------------------------------------------------
                  W.P.(C) NO.3779 OF 2011(V)
              --------------------------------------------------
           Dated this the 7th day of February, 2011

                           J U D G M E N T

Petitioner claims to be the consumer of first respondent. He

was issued Ext.P1 bill. Amount was not paid. Though the

petitioner made representation complaining about the demand,

on the ground of non-payment of the dues supply has been

disconnected. It is with this grievance the writ petition is filed.

2. If a consumer of the water authority is aggrieved by the

demand issued, the remedy available is to file appeal before the

2nd respondent. It is seen that the petitioner has not filed any

appeal. In such circumstances the water authority cannot be

faulted for the coercive action.

Consequently, the writ petition is disposed of directing that

on payment of 50% of the amount claimed under Ext.P1, the

supply of to the premises of the petitioner will be restored

forthwith. On such payment, it will also be open to the petitioner

to file an appeal before the 2nd respondent, in which event the 2nd

respondent shall, without insisting on any further payment,

consider the appeal and pass orders on the merits of the

contention raised.

Writ Petition is disposed of as above.

vi                                     (ANTONY DOMINIC, JUDGE)

WPC.No. /09
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