IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 W.P(C).No. 21530 of 2008(K) --------------------------------- PETITIONER: -------------- MICHAEL. M, KUTTIKATTU HOUSE, ULLADU KARA, BHARANANGANAM, PALAI. BY ADV. SRI.LAL GEORGE RESPONDENTS: ----------------- 1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM 2. EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, KOTTAYAM. 3. ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PALAI. 4. DEPUTY TAHASILDAR, REVENUE RECOVERY, PALAI BY ADV. SRI. M. DINESH, SC, KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 21530 OF 2008 K = = = = = = = = = = = = = = = = = Dated this the 17th day of July 2008 J U D G M E N T Aggrieved by Ext. P5 and P6 revenue recovery notices this writ petition has been filed. The revenue recovery proceedings have been initiated for realising the bill amount indicated in Exts. P1 and P2 along with interest. Petitioner submits that right from the early 1990's, there has not been any water supply, but however, actual disconnection was effected in 2000. According to him, it is only on technical ground arrears are now demanded, although water has not been supplied even during the relevant period. 2. Therefore, the fact that disconnection of water supply was effected only much later is not in dispute. If that be so, taking note of the contention of the petitioner that there has not been any supply of water it is for the 1st respondent to consider whether the request of the petitioner for waiver of interest should be granted or not. Since the petitioner has already filed Exts. P3 and P4 before the W.P.(C) No. 21530 OF 2008 -2- 3rd respondent and as according to the Standing Counsel for respondents 1 to 3, the 3rd respondent does not have the power to consider such a request, I direct that Exts. P3 and P4 be forwarded to the 1st respondent for consideration. It is directed that final orders on Exts. P3 and P4 shall be passed by the 1st respondent as expeditiously as possible, at any rate within 2 months of production of a copy of this judgment. In the meantime it is directed that on the petitioner remitting the principal amount of Rs.13,167/- indicated in Exts. P5 and P6, within a period of 3 weeks further proceedings pursuant to Exts. P5 and P6 will be kept in abeyance until a decision is taken as above. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-