IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 4325 of 2010(M) -------------------------------- PETITIONER(S): ------------------- MOHAMED HARIF, RESIDING AT 'UMMARIYA', THANA, KANNUR-12. BY ADVS. SRI.A.MOHAMED MUSTAQUE SRI.T.PRAVEEN RESPONDENT(S): --------------------- 1. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PH DIVISION, THANA, KANNUR DISTRICT. 2. THE SPECIAL DEPUTY TAHSILDAR, (REVENUE RECOVERY), KANNUR DISTRICT. R1 BY ADVS. SRI.J.KRISHNA KUMAR, SC, KWA SMT.AMBIKA DEVI, SC, KWA R2 BY GOVT.PLEADER SRI.MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 4325/2010(M) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE DEMAND NOTICE DATED 10/10/2008 ADDRESSED IN THE NAME OF DECEASED UMMERKUNHI ISSUED BY 2ND RESPONDENT. P2: COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 21/03/2009. P3: COPY OF THE REPLY RECEIFED FROM 1ST RESPONDENT DATED 30/10/2009. RESPONDENT'S EXHIBITS: R1(a):COPY OF THE LETTER NO.REV/2144/2006 DATED 10/03/2008. R1(b):COPY OF RETURNED POST COVER AND ACKNOWLEDGMENT CARD. /TRUE COPY/ P.A. TO JUDGE svs C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 4325 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 22nd day of September, 2010 JUDGMENT Recovery steps initiated against the petitioner for realizing arrears of water charges due to the 1st respondent is challenged in this writ petition. According to the petitioner, the consumer expired and the recovery steps now being pursued without proper notice to the legal heirs. On 8-3-2010 this court had issued an interim order directing the petitioner to remit a sum of Rs.20,000/- and the petitioner had complied with that condition. The petitioner is challenging correctness of the amount sought to be recovered on the ground that the interest as well as penal interest sought to be recovered is highly excessive and that the petitioner is not liable to pay such amounts. 2. Even though various contentions are raised, it is conceded by learned counsel for the petitioner that, the petitioner is ready and willing to settle the liability, provided the respondents favourably consider waiver of interest/penal W.P.(C) No. 4325/2010 2 interest to the possible extent. Learned counsel appearing for the 1st respondent submitted that if the petitioner makes any such approach seeking one time settlement, the same shall be considered favourably. 3. Under the above circumstances, without prejudice to rights of the petitioner to approach the 1st respondent seeking 'one time settlement', the writ petition is disposed of. If the petitioner makes a representation to the concerned authority in the office of the 1st respondent, within a period of two weeks from the date of receipt of a copy of this judgment, the same shall be considered and appropriate decision shall be taken thereon within a period of two weeks thereafter, after affording an opportunity of hearing to the petitioner. 4. In order to facilitate the petitioner to approach the authority seeking one time settlement and in order to facilitate a decision thereon, coercive steps of recovery shall be kept in abeyance for a period of six months from today. C. K. ABDUL REHIM, JUDGE. mn.