IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 WP(C).No. 35256 of 2005(V) --------------------------------------- PETITIONER(S): ------------------------ K.N.CHATHUKUTTY, 26, CO-OPERATIVE HOUSING GARDENS, MANNAMOOLA, PEROORKADA, TRIVANDRUM-5. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT(S): -------------------------- 1. THE CHIEF ENGINEER, KERALA WATER AUTHORITY, TRIVANDRUM. 2. THE ASSISTANT EXECUTIVE ENGINEER, WATE WORKS SUB-DIVISION, KERALA WATER AUTHORITY, KAWDIAR P.O. TRIVANDRUM. BY ADV. SMT.AMBIKA DEVI, SC, KWA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.35256/2005- V APPENDIX P ETITIONER'S EXHIBITS:- P1:- COPY OF THE PROVISIONAL INVOICE CARD SHOWING THE TARIFF RATE (MONTHLY) IN 1992 AND 1993. P2:- COPY OF THE RECEIPT NO.791007 DATED 23.12.93 FOR REMITTANCE OF RS.550/- FOR THE WATER CHARGES UPTO 12/93. P3:- COPY OF THE APPLICATION FILED BEFORE TRIVANDRUM CORPORATION, SHOWING THE DATE OF OCCUPATION OF THE BUILDING (14.9.99). P4:- COPY OF THE REVISED TARIFF FROM 1.4.99. P5:- COPY OF THE BILLS DATED 25.6.04, 21.8.04, AND 18.10.04 SHOWING THE AVERAGE MONTHLY CONSUMPTION OF 10- 20 KL. OF WATER. P6:- COPY OF THE BILL DATED 27.7.05 SHOWING THE REMITTANCE OF RS.6000/- P7:- COPY OF DEMAND/DISCONNECTION NOTICE DATED 26.10.05 FOR RS.27,421/-. P8:- COPY OF THE REPRESENTATION DATED 2.11.2005 SUBMITTED TO THE RESPONDENTS RESPONDENT'S EXHIBITS:- NIL //TRUE COPY// P.A TO JUDGE. KRK T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.35256/2005-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 1st day of February, 2011 J U D G M E N T The petitioner is a consumer under the Kerala Water Authority having consumer No.KDR 8026. The grievance raised in the writ petition is against Ext.P7 demand notice seeking to remit Rs.27,421/-, which according to the petitioner is illegal. The petitioner has raised various contentions in the writ petition and has prayed for adjustments of the amount already said to have been paid also. 2. This Court passed an interim order on 19/12/2005 granting stay on condition that the petitioner pays an amount of Rs.13,000/- within two weeks. Since the petitioner has already moved the respondents by filing Ext.P8 representation, there will be a direction to the second respondent to consider Ext.P8 representation with notice to the petitioner and take appropriate decision in the matter, if no decision has been taken so far. Appropriate decision will be taken within a period of two months. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms