IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 12255 of 2007(H) ----------------------------------------- PETITIONER(S): ----------------------- ANTONY VARGHESE, S/O.A.P.VARGHESE, VIII/115A, ANTHIKADU HOUSE, ELOOR SOUTH, UDYOGAMANDAL. BY ADV. MR.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): ------------------------ 1. KERALA WATER AUTHORITY, TRIVANDRUM REPRESENTED BY ITS SECRETARY. 2. THE ASST.EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, WATER SUPPLY SUB DIVISION, KALAMASSERY, ERNAKULAM. BY ADV. MR.M.DINESH, SC, KWA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.12255/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PROVISIONAL INVOICE CARD UNDER CONSUMER NO.E2060/D ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P2:- COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 2.4.07. TRUE COPY P.A. TO JUDGE TSS P.R.RAMACHANDRA MENON, J. ~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 12255 of 2007 ~~~~~~~~~~~~~~~~~~~~~ Dated this the 31st day of March, 2009 J U D G M E N T The water connection provided to the petitioner was disconnected by the respondents allegedly for non payment of the arrears. According to the petitioner, the water meter was faulty, which was not replaced by the respondents; despite the many a demand and further that there is absolutely no justification for demanding exorbitant amounts. 2. When the matter came up for consideration before this Court on 10.4.2007, after hearing both the sides, an interim order was passed staying disconnection of the water supply for a period of two months, if the petitioner remitted Rs.10,000/- within one month. It was also made clear that the petitioner could apply for installation of a new meter and necessary direction was given to the water authority to arrange for installation of such meter on completion of necessary formalities to be pursued by the petitioner. 3. The learned counsel for the petitioner submits that pursuant to the interim order, the petitioner satisfied the condition by remitting the sum of Rs. 10,000/- in August, 2007 and the delay in this regard was condoned as per order dated 22.8.2007 in I.A. 11203/2007. The learned counsel further submits that the respondents have installed a WP(C) No. 12255 of 2007 2 new water meter and that the petitioner is remitting periodical payments as demanded, in respect of the water consumed by him. 4. The learned counsel for the respondents submits that the actual arrears for the period from November 1994 till April 2007 was Rs.15,164/- and the petitioner admittedly having remitted only Rs.10,000/- in August, 2007, pursuant to the interim order by this Court, the balance sum of Rs.5,164/- is till remaining under that head. 5. In the above facts and circumstances, the petitioner is permitted to clear the arrears, if any till date, within a period of two months from the date of receipt of copy of this judgment failing which the respondents will be at liberty to proceed against the petitioner taking appropriate steps in accordance with law. Disposed of accordingly. P.R.RAMACHANDRA MENON, JUDGE kmd.