IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 26429 of 2006(U) -------------------------- PETITIONER(S): --------------- V.P.UNNEEN HAJI, S/O. MOIDEEN HAJI, VILANJIPULAN HOUSE, MAKKARAPARAMBA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE CONSUMER DISPUTES REDRESSAL FORUM, MALAPPURAM, REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H.SUB DIVISION, MALAPPURAM. 3. THE SPECIAL DEPUTY TAHSILDAR (R.R.), PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. R2 BY SC SMT. AMBIKA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/10/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE DEMAND NOTICE DATED 31.8.2005 RECEIVED BY THE PETITIONER FROM THE 2ND RESPONDENT. EXT.P2 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE CDRF MALAPPURAM AS OP NO. 92/2005 IN SEPTEMBER, 2005 EXT.P3 TRUE COPY OF THE RR NOTICE ISSUED BY THE 3RD RESPONDENT DATED 26.5.2006 EXT.P4 TRUE COPY OF THE RECEIPT ISSUED TO THE PETITIONER DATED 29.7.2006 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 26429 OF 2006 -------------------------------------------- Dated this the 24th day of October, 2008 JUDGMENT Writ Petition is filed challenging revenue recovery proceedings for recovery of arrears claimed by the Kerala Water Authority. Petitioner has taken up the matter before the Consumer Disputes Redressal Forum. I do not think CDRF should interfere in the matter because against the disputed water bill petitioner can file appeal before the Executive Engineer of the Water Authority. While admitting the Writ Petition, this Court ordered payment of Rs. 5,000/-. If the petitioner has remitted Rs. 5,000/- then there will be direction to the petitioner to file appeal before the Executive Engineer against the disputed bill along with receipt for payment of Rs. 5,000/-. The Executive Engineer is directed to consider the appeal and dispose of the same after hearing the petitioner and after conducting enquiry in the matter. It will be open to the petitioner to approach CDRF or any other authority if the order of the Executive Engineer is adverse to him. However, I make it clear that until orders are passed by the Executive 2 Engineer, CDRF should not intervene in the matter. If the petitioner has remitted Rs. 5,000/- then there will be direction to the respondents not to proceed with recovery for four months from today, within which time, appeal filed by the petitioner will be disposed of by the Executive Engineer. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 3