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