IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 W.A.No.577 of 2008 ----------------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.4925/2006-J DATED 6/2/2008. .................... APPELLANT: PETITIONER:- ---------------------------------------- KALATHINGAL MOHAMMED @ KUNJIBAPPU, AGED 70 YEARS, S/O.ABDULLA, NEAR N.G.O. HOME, PATTAMBI ROAD, PERINTHALMANNA, MALAPPURAM DISTRICT BY ADV. SRI.K.MOHAMMED SALAHUDHEEN RESPONDENTS: RESPONDENTS:- ------------------------------------------------- 1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM-33. 2. THE ASST. EXECUTIVE ENGINEER. P.H. SUB DIVISION, KERALA WATER AUTHORITY PERINTALMANNA, MALAPPURAM DISTRICT. 3. THE SPECIAL DEPUTY TAHSILDAR (RR) PERINTHALMANNA, MALAPPURAM DISTRICT. R1 & R2 BY STANDING COUNSEL SMT.AMBIKA DEVI. R3 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 31/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------ W.A.No.577 of 2008 ------------------------------------------ Dated, this the 31st day of March, 2008 JUDGMENT H.L.Dattu, C.J. Aggrieved by the orders passed by the learned Single Judge in W.P.(C) No.4925 of 2006 dated 6th February, 2008, the petitioner is before us in this writ appeal. 2. The brief facts are: The petitioner had called in question Ext.P11 revenue recovery notice issued by the Kerala Water Authority ('Water Authority' for short) to recover an amount of Rs. 67775/- towards water charges. 3. According to the petitioner, the total amount payable by him towards water charges including all arrears as on September, 1995 was only Rs.4024/-. Since there was default in payment of that amount the water connection was disconnected on 27.10.1995. It appears that the Water Authority had issued Ext.P7 demand notice dated 14.3.2002, inter alia, directing the petitioner to pay an amount of Rs.29504/-. After receipt of the said notice, the petitioner had replied the same, inter alia, contending that since there was disconnection of water supply to his non-residential premises, he is not liable to pay the aforesaid amount. In spite of the said reply, it is stated in the writ petition, that the respondents have proceeded to issue Ext.P11 revenue recovery notice to recover a sum of Rs.67775/- . 4. The learned Single Judge has rejected the writ petition. 5. The matter was posted before us on an earlier occasion for admission. We had directed Smt.Ambika Devi, learned Standing Counsel for W.A.No.577 of 2008 2 the Kerala Water Authority, to take notice for the Water Authority and to get appropriate instructions in the matter. 6. Smt.Ambika Devi, learned counsel appearing for the Water Authority on instructions would submit that as one time settlement the petitioner may be directed to pay a sum of Rs.20,000/- towards the arrears of water charges in lieu of Ext.P11 notice issued by the Water Authority. It is further stated that since the petitioner had already deposited a sum of Rs.10,000/-, the petitioner may be directed to pay the balance amount of Rs.10,000/- as early as possible. 7. Sri.Mohammed Salahudheen, learned counsel appearing for the appellant has no objection to the suggestion made by the learned counsel appearing for the Water Authority. 8. In view of the above, at this stage it may not be necessary for us to go into the merits or demerits of the appellant's case. Accordingly, we dispose of the writ appeal as under: ORDER i) Writ appeal is disposed of. ii) As one time settlement the appellant is directed to pay a sum of Rs.20,000/- towards arrears of water charges. iii) Since the appellant has already deposited a sum of Rs.10,000/-, the appellant shall now deposit another sum of Rs.10,000/- within three months time from today. iv) If the appellant commits any default in complying with the orders and directions issued by this Court, the Water Authority is given liberty to proceed to recover the entire amount due as reflected in Ext.P11 revenue recovery notice. W.A.No.577 of 2008 3 9. With these observations and directions the writ appeal is disposed of. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE vns