IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 17973 of 2003(M) ---------------------------------------- PETITIONER(S): ---------------------- K.G. SREENIVASAN, ADVOCATE, S/O. GOVINDA SHETTY, KUNNATHU HOUSE, CHEPPANAM, PANANGAD P.O. BY ADV. MR.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): ------------------------- 1. KERALA WATER AUTHORITY, REPRESENTED BY MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORIY, WATER WORKS SUB DIVISION, PALLIMUKKU, KOCHI-16. ADV. MR.M.DINESH, SC, KWA FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA.3673/2003 IN WPC. NO.17973/2003 DISMISSED 12/06/2009 SD/- V.K.MOHANAN, JUDGE APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PROVISIONAL INVOICE CARD ISSUED BY 2ND RESPONDENT. P2:- COPY OF THE BILL DT. 24.10.02 ISSUED BY 2ND RESPONDENT. P3:- COPY OF THE ARREAR BILL DT. 16.4.03 ISSUED BY 2ND RESPONDENT. R2(a):- COPY OF THE CONSUMER LEDGER OF THE PETITIONER. TRUE COPY P.S. TO JUDGE TSS V.K.MOHANAN, J. ---------------------------------------- WPC No.17973 of 2003 ---------------------------------------- Dated, 12th day June, 2009 JUDGMENT The petitioner is a consumer of the Kerala Water Authority with Consumer No.40/2783/N. He preferred this writ petition challenging Exts.P2 and P3. 2. According to the petitioner, though his water connection was effected on 1.3.91, he had consumed water only up to August 1994 and he had paid the water charge without any default. It is the further case of the petitioner that after 1994 and on expiry of 8 years thereafter, Ext.P2 bill was issued demanding a sum of Rs.25,558/- including the water charge upto September 2002. Against such bill, initially, he had approached the Consumer Disputes Redressal Forum and, subsequently , before the District Legal Service Authority, Ernakulam and the Authority had issued Ext.P3 bill showing the details of arrear bill. In Ext.P3, amount due is shown as Rs.30223/-. The said amount was calculated as a sum op 17973/03 -:2:- of Rs.13882/- as arrears and Rs. 16341/- as interest. The learned counsel submitted that , it is evident from Ext.P1 that the petitioner has already made certain payment till 23.8.94. But the said amount was not deducted while issuing fresh bill. According to the counter affidavit filed by the Authority, the water meter of the petitioner was defective from 5.5.93 to 15.7.2003. On two occasions, the faulty meters were replaced. So according to the respondents, the amount was correctly calculated in accordance with the provisions contained in the Kerala Water Supply Regulations. 3. The learned counsel for the respondents submitted that towards the water charge, which will come about Rs.13882/-, the petitioner has already made certain payment including a sum of Rs.10,000/- fixed on the basis of the interim order passed by this Court. So according to the learned counsel for the respondents, substantial amount towards arrears has already been paid. The question of interest can be considered by the op 17973/03 -:3:- appellate authority if the petitioner prefers appeal before the Executive Engineer under Regulation 17(d). 4. I have no hesitation to hold that there was some failure on the part of the concerned officers of the authority in taking routine meter reading and demanding the dues at appropriate time. Even Ext.P2 was issued after a long period. The above fact is sufficient to hold that there was certain laches on the part of the officers concerned. Therefore, while dealing with the appeal, by the Executive Engineer being the appellate authority, the above facts also shall be taken into account for taking a decision on the question of interest. 5. In the result, the petitioner is directed to file appeal under Regulation 17(d) of the Regulations before the Executive Engineer, Kerala Water Authority, Ernakulam, within one month from today and the said Appellate Authority is directed to dispose of the same within one month from the date of receipt of such appeal. The petitioner is directed to produce a copy of this judgment op 17973/03 -:4:- before the said Appellate Authority. The writ petition is disposed of accordingly. V.K.MOHANAN, JUDGE kvm/- op 17973/03 -:5:- V.K.MOHANAN, J. O.P.No.17973 of 2003 JUDGMENT Dated:12.6.2009..