IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 6401 of 2010(A) ------------------------------------- PETITIONER: ------------------- A.P.SIVANANDAN 24/1296-A, MEDAL PARAMBA, MANKAVE P.O,KOZHIKODE-7. BY ADVS. MR.P.V.KUNHIKRISHNAN, MR.HANSON.P.MATHEW. RESPONDENTS: ------------------------ 1. EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, KOZHIKODE. 2. ASSISTANT EXECUTIVE ENGINEER, DISTRIBUITON SUB DIVISION NO.1, KERALA WATER AUTHORITY, KOZHIKODE. 3. KERALA WATER AUTHORITY,REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. R1 TO R3 BY MR. M. DINESH, S.C, K.W.A. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.6401 OF 2010 --------------------------------------- Dated this the 1st day of March, 2010. J U D G M E N T The petitioner is a consumer of the Kerala Water Authority with consumer No.K 24/585D. He is a domestic consumer and he is residing in his house with his wife and children. Till August 2008, only below Rs.100 was charged in the water bills and the petitioner was regularly remitting the amounts also. After this period, the petitioner received a bill for Rs.2,397/-. Immediately, the petitioner informed the respondents about the excess water bill. It is submitted that the petitioner had been receiving such erroneous bills subsequently also. During November-December 2008, the petitioner was receiving Rs.4,794/- as the bill for water charges and later during June 2009 to August 2009, water charges was Rs.7,071/-. 2. The petitioner submitted an application as per Exhibit P1 for testing the meter. The petitioner submits that since the water W.P.(C) No.6401/2010 2 meter is not working properly, the valve of the same was closed by him. After inspection, the water connection has been disconnected on 01.12.2009 since there is arrears to the tune of Rs.39,042/- upto October 2009. These details have been mentioned in Exhibit P2 representation. Even though the petitioner appeared before the Revenue Adalath, it did not result in any favourable decision. Thereafter, the petitioner sent a lawyer notice as per Exhibit P3 and since no action is taken to restore the water connection, this writ petition has been filed. 3. Learned Standing Counsel for the Kerala Water Authority submitted that the petitioner's remedy is to file an appeal before the 1st respondent and if an appeal is filed, the same will be considered. If the petitioner files an appeal before the 1st respondent within a period of two weeks along with a copy of this judgment, the same will be considered by the 1st respondent in accordance with law, expeditiously. If the petitioner deposits in the meanwhile an amount of Rs.10,000/- (Rupees ten thousand W.P.(C) No.6401/2010 3 only), water connection will be restored subject to further orders to be passed in the appeal. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp