IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 23403 of 2006(J) -------------------------------------- PETITIONER: ------------------ B.SARASWATHY AMMAL, AGED 75 YEARS, D/O.BHAGAVATHY AMMAL, RESIDING AT T.C.NO.21/375, NEDUMCADU, KARAMANA, THIRUVANANTHAPURAM. BY ADV. SRI.P.S.RAMESH KUMAR SMT.ANNAMMA ABRAHAM RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, VELLAYAMBALAM, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXECUTIVE NEGINEER, KERALA WATER AUTHORITY, KARAMANA DIVISION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R1 ADV. SMT.AMBIKA DEVI, SC, KWA FOR R.2, R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 23403/2006-J APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE WATER BILL ISSUED BY THE 3RD RESPONDENT DATED 31/05/2003. EXT.P2: COPY OF THE THREE RECEIPTS EVIDENCING PAYMENT OF EXHIBIT P1 BILL. EXT.P3: COPY OF THE DISCONNECTION NOTICE SERVED TO THE PETITIONER DATED 20/12/2003. EXT.P4: COPY OF THE BILL DATED 23/12/2003, ISSUED BY THE 3RD RESPONDENT AND SERVED TO THE PETITIONER. EXT.P5: COPY OF THE DISCONNECTION NOTICE DATED 10/06/2004, SERVED TO THE PETITIONER. EXT.P6: COPY OF THE COMPLAINT FILED BY THE PETITIONER TO THE 2ND RESPONDENT, DATED 19/01/2004. EXT.P7: COPY OF THE BILL DATED 07/02/2005 ISSUED BY THE 3RD RESPONDENT AND SERVED TO THE PETITIONER. EXT.P8: COPY OF THE JUDGMENT DATED 07/04/2005 IN W.P.(C). NO. 11002/2005 OF THE HONOURABLE COURT. EXT.P9: COPY OF THE BILL NO.737 DATED 14/02/2006 ISSUED BY THE 3RD RESPONDENT AND SERVED TO THE PETITIONER. EXT.P10: COPY OF THE REPRESENTATION DATED 19/08/2006 BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.23403 OF 2006 --------------------------------------- Dated this the 24th day of September, 2008. J U D G M E N T This writ petition is filed with the following prayers: i) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd and 3rd respondents not to take any further action pursuant to Exhibit P9 bill, until Exhibit P6 is considered on merits in the light of the mandate contained in Exhibit P8 judgment. ii) To issue appropriate direction to permit the petitioner to remit the actual water charges due to be found on disposal of Exhibit P6 in ten monthly installments, and if the amounts already remitted is in excess, the same may be directed to be adjusted in the future bills. In case no orders have been passed on Exhibit P6, there will be a direction to the second respondent to pass appropriate orders in accordance with law on Exhibit P6 in the light also of Exhibit P8 judgment, with notice to the petitioner, within a period of three months from the date of production of a copy of this judgment along with copy of the writ petition. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 23403 OF 2006 J U D G M E N T 24.09.2008