IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 7742 of 2011(P) ------------------------- PETITIONER(S): --------------- ANNIE JACOB, W/O. LATE JACOB, AGED 79 YEARS, RESIDING AT PULINTHARA HOUSE, XVI/1585, THOPPUMPADY, KOCHI TALUK, ERNAKULAM DISTRICT. BY ADV. SMT.P.N.SANTHAKUMARI SRI.E.G.GORDEN SRI.N.SAJAN ANTONY SRI.S.K.PREMJITH MENON RESPONDENT(S): --------------- 1. KERALA WATER AUTHORITY, REPRESENTED BY ITS CHIEF ENGINEER, (CR), CENTRAL REGION, KOCHI - 682 011,ERNAKULAM DISTRICT 2. THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, W.W.SUB DIVISION, KOCHI - 682 005. 3. THE DEPUTY THASILDAR, (RR) KOCHI - 682 001. 4. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, PIN - 682 030. BY GOVT. PLEADER SRI. BIJU CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.7742 OF 2011(P) -------------------------------------------------- Dated this the 11th day of March, 2011 J U D G M E N T Petitioner is a consumer of the first respondent. On the ground of non-payment of water charges, water supply to the premises was disconnected way back in 2007. Even thereafter payment was not made and therefore revenue recovery proceedings evidenced by Exts.P3 and P4 are initiated. His request for revising the dues, resulted in Ext.P6 proceedings which shows that the petitioner will have to pay Rs.27,275/- as against Rs.34,073/- demanded earlier. It is apprehending further recovery proceedings the writ petition has been filed. 2. Although the petitioner challenges the dues, having regard to the fact that the liability has become final and in view of the limitations of this court in a proceedings under Article 226 of the Constitution of India, I am not inclined to entertain the said plea. At this stage the counsel for the petitioner seeks instalment facility to discharge the dues to the respondents. 3. Now that the petitioner is willing to pay the dues, I think an opportunity should be given to the petitioner to discharge the WPC.No.7742 /2011 :2 : dues and thus to avoid coercive proceedings. In that view of the matter, I dispose of the writ petition with the following directions. The petitioner will be permitted to pay the amount of Rs.27,275/- mentioned in the order dated 22.12.2010 in 9 equal monthly instalments. The first instalment shall be paid by the petitioner on or before 31st March, 2011. On such payment along with the reconnection charges, the respondent will restore water supply to the premises of the petitioner. It is directed that further instalments will be paid without default before the end of every succeeding month. On such payment coercive steps will be deferred and in case default is committed, the respondents will be free to initiate recovery proceedings as permitted in law. (ANTONY DOMINIC) JUDGE vi/