IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34481 of 2009(E)
1. NATURE LIFE HOSPITAL, CHAMBAKKARA,
... Petitioner
Vs
1. THE ASSISTANT EXECUTIVE ENGINEER,
... Respondent
2. THE EXECUTIVE ENGINEER,
3. THE MANAGING DIRECTOR, KERALA WATER
4. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.N.N.SUGUNAPALAN (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :05/01/2010
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No. 34481 of 2009-E
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Dated this the 5th day of January, 2010.
JUDGMENT
The petitioner is a hospital engaged in the treatment of nature cure.
Aggrieved by the bills issued by the first respondent, viz. Exts.P3 to P8(a)
and Exts.P10 and P10(a), this writ petition has been filed. It is the case of
the petitioner that exorbitant amounts have been charged in the bills and
actually those amounts are not legally due. While admitting the writ
petition, this Court passed an interim order to deposit 1/4th of the amounts
covered by the impugned demand and accordingly disconnection was
ordered to be stayed.
2. Heard learned Standing Counsel for the Water Authority. It is
submitted that the petitioner has got an effective remedy of approaching the
second respondent who is the Appellate Authority. Ext.P6 is the
representation now filed by the petitioner before the first respondent.
Therefore, the petitioner will have to file a proper appeal before the second
respondent and if such an appeal is filed within a period of three weeks
from today, the same will be entertained and the second respondent will
take a proper decision after hearing the petitioner, within a further period of
wpc 34481/09 2
four months from the date of receipt of the appeal. Since the petitioner has
already remitted 1/4th of the demand as per the interim order passed by this
Court, further recovery will be kept in abeyance till the appeal is disposed
of.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/