IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 OP.No. 18524 of 2000(E) ---------------------------------- PETITIONERS: -------------------- 1. LENO JACOB, ARACKAL HOUSE, A.L. JACOB ROAD, COCHIN -35. 2. A.S. JOSEPH, ARACKAL HOUSE, ST. VINCENT ROAD, COCHIN -18. 3. K.M. MATHEW, 41/2652, ST. VINCENT ROAD, COCHIN-18. 4. C.V. VARKEY, 41/2508, ST. VINCENT ROAD, COCHIN -18. 5. VALSA UTHUP, ST. VINCENT ROAD, COCHIN-18. 6. NAJEENA B. RAFI, 41/2853, ST. VINCENT ROAD, COCHIN-18. BY ADV. SRI.K.JAJU BABU, ADV. SMT.C.S.SHEEJA. RESPONDENTS: ----------------------- 1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, TRIVANDRUM. 2. THE ASSISTANT EXECUTIVE ENGINEER, WATER WORKS SUB DIVISION, PALLIMUKKU, COCHIN -16. ADV. SRI.BABU VARGHESE, SC, KWA FOR R1 & R2. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 30824/2000 IN O.P. NO. 18524/2000-F CLOSED 25/07/2008. SD/- P.N.RAVINDRAN, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE INVOICE CARD ISSUED BY THE WATER AUTHORITY TO THE P.2. EXT.P.2: COPY OF THE INVOICE CARD ISSUED BY THE WATER AUTHORITY TO THE P.3. EXT.P.3: COPY OF THE INVOICE CARD ISSUED BY THE WATER AUTHORITY TO THE P.4. EXT.P.4: COPY OF THE INVOICE CARD ISSUED BY THE WATER AUTHORITY TO THE P.5. EXT.P.5: COPY OF THE INVOICE CARD ISSUED BY THE WATER AUTHORITY TO THE P.6. EXT.P.6: COPY OF THE NEWS REPORT WHICH APPEARED IN MALAYALA MANORAMA DAILY DTD. 03/07/2000. EXT.P.7: COPY OF A PRINT OUT NOTICE DISTRIBUTED BY THE WATER AUTHORITY. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. P.N.RAVINDRAN, J. ====================================== O.P.No.18524 of 2000 ====================================== Dated this the 25th day of July 2008 JUDGMENT The petitioners have in this Original petition challenged the bills evidenced by Exts.P1 to P5 issued by the second respondent. The main contention raised by the petitioners is that the bills have been issued without any data or material and that the levy of charges without the consumption being recorded in a Meter is arbitrary and illegal. The learned standing counsel for the Kerala Water Authority submitted that if the petitioners are aggrieved by Exts.P1 to P5, their remedy is to file an appeal to the Executive Engineer of the Division concerned. The learned counsel also brought to my notice that a learned single judge of this Court has by judgment delivered on 23.11.2007 in O.P.No.20411 of 2000, directed the petitioners therein to move the appellate authority. 2. Having heard the learned counsel on either side, I am of the opinion that this Original Petition can be disposed of, reserving liberty with the petitioner to move the Executive Engineer of the concerned Division of the Water Authority within two weeks from today. If the petitioners filed an appeal within two weeks from today, the Executive Engineer shall decide the matter, in accordance with law, after notice to O.P.18524/2000 2 the petitioners and pass final orders thereon within two months from the date on which such an appeal is filed. Till orders are passed by the appellate authority, the interim order passed by this Court on 3.7.2000 on CMP No.30824 of 2000 will continue. P.N.RAVINDRAN, JUDGE css/ O.P.18524/2000 3 P.N.RAVINDRAN, J. O.P.Nos.24281/1998 & 15782/2002 order 15.07.2008