IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 18516 of 2005(D) -------------------------- PETITIONER(S): --------------- T.HASSAINAR, S/O.LATE T.H.BAVA, AGED 36, V/138, BAVA BUILDING, NORTH KALAMASSERY. BY ADV. SRI.K.C.ELDHO RESPONDENT(S): --------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, WATER SUPPLY SUB DIVISION, KERALA WATER AUTHORITY, KALAMASSERY. 2. THE EXECUTIVE ENGINEER, WATER SUPPLY SUB DIVISION, KERALA WATER AUTHORITY, KOCHI, ERNAKULAM. 3. THE KERALA WATER AUTHORITY, REPRESENTED BY ITS CHAIRMAN, JALA BAHVAN, THIRUVANANTHAPURAM. ADV. SRI.BABU VARGHESE, SC, KWA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF PROVISIONAL INVOICE CARD ISSUED FROM R1'S OFFICE. P2: TRUE COPY OFNOTICE ISSUED FROM THE OFFICEOF R1 DT.6.7.1995. P3: TRUE COPY OF RECEIPT DT.8.8.1995 TOWARDS REMITTANCE OF RS.20/-. P4: .DO. RS.676/-. P5: TRUE COPY OF BILL ISSUED FROM THE OFFICE OF R1 IN JANUARY 2001. P6: TRUE COPY OF DISCONNECTION ADVICE DT.5.10.02. P7: TRUE COPY OF REPRESENTATION DT.7.10.02 FILED BY THE PETITIONER BEFORE R2. P8: TRUE COPY OF JUDGMENT IN O.P. NO.30981/2002. P9: TRUECOPY OF RECEIPT DT.2.11.2002. P10: RUE COPY OF DISCONNECTION ADVICE ISSUED BY R1 DT.17.3.2005. RESPONDENT'S EXHIBITS: R2(a): TRUE COPY OF DIRECTION DT.24.6.2005 ISSUED BY THE EXECUTIVE ENGINGEER, P.H.DIVISION, ALUVA TO THE ASST. EXE. ENGINEER, WATER SUPPLY SUB DIVISION, K.W.A., KALAMASSERY. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.18516 of 2005 .................................................................... Dated this the 24th day of June, 2009. JUDGMENT Dispute pertains to arrears of water bills. Standing Counsel appearing for Water Authority submitted that appeal filed by the petitioner namely, Ext.P7 is still pending before the Executive Engineer. Since factual disputes have to be settled in appeal, I dispose of the W.P. directing the petitioner to approach the Executive Engineer, take notice and appear for hearing and argue the matter. The Executive Engineer is directed to dispose of the appeal within two months from date of receipt of copy of this judgment. Recovery proceedings will remain stayed for two months on petitioner remitting another Rs.15,000/- (Rupees fifteen thousand) within six weeks from now. I feel for the sake of finality, the petitioner can be granted waiver of 50% of interest, if petitioner wants to clear the arrears with 50% interest. If petitioner wants to avail this facility, he shall withdraw the appeal and make payment as above before 31st August, 2009. If petitioner settles liability as above, petitioner can apply for fresh connection under the current norms. The payments made will be credited 2 and balance demand of arrears and interest should be separately communicated to the petitioner for settlement. C.N.RAMACHANDRAN NAIR Judge pms