IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 35551 of 2008(G) -------------------------------------- PETITIONER(S): ---------------------- T.P.KOMALA, AGED 53 YEARS, W/O.VENU, RAJESH VILLA, WEST VELIYATHNADU, KOTTAPPURAM, N.PARAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.SHAJI THANKAPPAN RESPONDENT(S): ------------------------ 1. ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, WATER SUPPLY SUB DIVISION, NORTH PARAVOOR. 2. EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, WATER SUPPLY SUB DIVISION, KOCHI-14. 3. KERALA WATER AUTHORITY, JELA BHAVAN, THIRUVANANTHAPURAM - 33 REPRESENTED BY CHIEF ENGINEER. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.SUDHA DEVI FOR R4 ADV. SRI.N.DINESH, SC FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ V.GIRI,J. ------------------------- W.P ( C) No.35551 of 2008 -------------------------- Dated this the 2nd December, 2008 J U D G M E N T Aggrieved by Exhibit-P4 demand notice demanding the petitioner to pay the water charges, petitioner has preferred Exhibit-P5 objections thereto. Petitioner has remedy against Exhibit-P4 by way of appeal under the Regulations. In the meanwhile, there is a disconnection of supply to the petitioner' premises, as evidenced by Exhibit-P6. 2. Having heard the counsel on both sides, the writ petition is disposed of directing the 1st respondent to forward Exhibit-P5 to the competent appellate authority to deal with an appeal against Exhibit-P4. This shall be done within one month from today and the appellate authority shall hear the petitioner and dispose of the appeal within three months thereafter. The supply to the petitioner's premises shall be restored on petitioner remitting an amount of Rs.10,000/-. Other contentions W.P ( C) No.35551 of 2008 2 raised by the petitioner are left open. Petitioner shall make available a new meter and get it certified by the competent authority of the Kerala Water Authority. (V.GIRI,JUDGE) ma W.P ( C) No.35551 of 2008 3 W.P ( C) No.35551 of 2008 4