IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 WP(C).No. 2186 of 2011(W) ------------------------- PETITIONER(S): ---------------------- SHAMEEMA, FLAT NO.8, SKYLINE MANSION, GANDHI NAGAR, KOCHI-20. BY ADV. SMT.M.A.THASNIM RESPONDENT(S): ---------------------- 1. STATE OF KERALA , REPRESENTED BY THE SECRETARY TO GOVERNMENT,SECRETARIAT, THIRUVANANTHAPURAM-695601. 2. THE ASSISTANT EXECUTIVE ENGINEER, W.W.SUB DIVISION,KERALA WATER AUTHORITY, KOCHI-16. GOVT.PLEADER SRI.P.N.SANTHOSH SRI.M.DINESH, SC, KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ 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