IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 30TH APRIL 2010 / 10TH VAISAKHA 1932 WP(C).No. 14038 of 2010(D) --------------------------------------- PETITIONER: ------------------- KRISHNA MANOR APARTMENT OWNERS' ASSOCIATION, REG.NO.E.R.630/05, KARIKKAMURI CROSS ROAD, ERNAKULAM, KOCHI-11, REPRESENTED BY ITS SECRETARY MRS.RADHA MADHAV, W/O.MADHAV MOHAN, AGED 42 YEARS, RESIDING AT CHITTOOR ROAD, OPPOSITE TO KRISHNA HOSPITAL, ERNAKULAM, KOCHI-11. BY ADVS. SMT.P.P.STELLA, SRI.BIJIMON C.CHERIAN. RESPONDENTS: ------------------------ 1. THE KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, ERNAKULAM. 3. ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, WATER WORKS SUB DIVISION, KOCHI-16. R1 TO R3 BY SRI. M. DINESH, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.14038 of 2010 ------------------------------------------- Dated this the 30th day of April, 2010 JUDGMENT The petitioner is an Association of apartment owners who are occupying a building complex by name 'Krishna Manor Apartments'. There are 11 apartments in the building complex. The petitioner association is registered under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act. 2. The petitioner association has filed this Writ Petition challenging the exorbitant bills issued to them by the Kerala Water Authority. It is their specific contention that water charges are being demanded after issuing bills in violation of Ext.P6 judgment of this Court. In Ext.P6 judgment, this Court had directed the third respondent to receive the current bi-monthly water charges from the petitioner association. As per Ext.P6, this Court had further directed the petitioner association to file an appeal challenging the arrears of water charges fixed by the Kerala Water Authority. Accordingly, the petitioner association has filed an appeal, a copy of which is Ext.P7. wpc No.14038/2010 2 However, Ext.P7 appeal is still pending consideration of the second respondent. The petitioner's association complains that in spite of the direction contained in Ext.P6, the third respondent has refused to accept the current water charges from the petitioner association from February 2006. Thereafter, the second respondent is issuing bills claiming exorbitant amounts as interest and surcharge. Therefore, the petitioner association contends that the bills are liable to be quashed. The third respondent has also threatened to disconnect the supply of water to the apartment complex. Therefore, they seek appropriate directions from this Court. 3. The counsel for the Water Authority opposes the contentions of the petitioner association. According to him, Ext.P7 has already been disposed of and thereafter, Ext.P10 bill has been issued. Exts.P12 and P14 show the amounts that are due and payable by the petitioner association. According to the counsel for the Water Authority, unless the amount in Ext.P14 bill is paid, further action as contemplated by law would be initiated. 4. Having considered the rival contentions of the wpc No.14038/2010 3 parties and the documents produced in support thereof, I am of the opinion that since Exts.P7 and P11 are pending consideration of the second respondent, it is better that the issue is initially decided by the said authority. However, for the issue of such a direction to the 5th respondent, payment of a portion of the amount claimed in Ext.P14 bill is also necessary. 5. In the above circumstances, this writ petition is disposed of directing the petitioner to pay an amount of Rs.32000/-, which represents 50% of the total amount claimed in Ext.P14 bill, within a period of two weeks from the date of receipt of a copy of this judgment. There shall be a further direction to the second respondent to consider Exts.P7 and P11 in accordance with law and to pass appropriate orders thereon as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE css/