IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 W.P(C).No. 8165 of 2009(M) --------------------------------- PETITIONER: --------------- M/S. OUR HOSPITAL LTD., HAVING REGISTERED OFFICE AT THRISSUR ROAD, IRINJALAKUDA, REP. BY ITS CHAIRMAN RAPPAI, AGED 56, S/O. THAKKETHALA KOCHUVARU, IRINJALAKUDA VILLAGE DESOM, THRISSUR DIST. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN SRI.K.RAVI (PARIYARATH) RESPONDENT(S): ------------------- 1. THE KERALA WATER AUTHORITY IRINJALAKUDA, REP. BY ITS ASSISTANT EXECUTIVE ENGINEER, IRINJALAKUDA, THRISSUR DIST. 2. THE ASSISTANT EXECUTIVE ENGINEER, P.H SUB DIVISION, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, IRINJALAKUDA. ADV. SMT.AMBIKA DEVI, SC, KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 8165 OF 2009 (M) ===================== Dated this the 24th day of March, 2009 J U D G M E N T The water charges claimed from the petitioner as per Exts.P4 and P6 and Ext.P8 revenue recovery notice are under challenge. 2. Petitioner is a company which had established a hospital. It is stated that the hospital is not functioning since 30/5/2006. However, inspite of the fact that there has not been any consumption of water since then, petitioner is issued invoice repeatedly. Petitioner also has a complaint that despite the payment made by Ext.P1, amount is demanded for the said period also. 3. Thus, from the facts that are pleaded, what emerges is the dispute regarding the accuracy of the bills issued by the respondents is what is under challenge in this writ petition and dispute of this nature can be resolved only if the petitioner resorts to the appellate remedy that is provided by the respondents under the Water Supply Regulations. 4. Taking into account the above, the writ petition is disposed of with the following directions: WPC 8165/09 :2 : (1) Out of Rs.63,859/- demanded in Ext.P8 revenue recovery notice, 50% thereof shall be paid by the petitioner within 3 weeks from today. (2) Subject to such payment, recovery proceedings, if any, initiated against the petitioner will stand deferred on condition that within 2 weeks of such payment, petitioner files an appeal before the appellate authority in terms of the Water Supply Regulations framed by the 1st respondent. (3) It is directed that if such an appeal is filed, further recovery proceedings will be kept in abeyance until the disposal of the appeal. ANTONY DOMINIC, JUDGE Rp