IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WP(C).No. 1481 of 2011(I) ---------------------- PETITIONER : -------------------- RETHNAM, AGED 69 YEARS, W/O.LATE VENUGOPALA PILLAI, H.NO. 40/24, HOTEL RETHNA, GOVERNMENT PRESS ROAD, ERNAKULAM, KOCHI-11. BY ADVS. SRI.SANTHOSH G. PRABHU SRI.S.KANNAN SMT.N.U.DEEPA RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM -695 001. 2. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD. 682 030. 3. THE DEPUTY TAHSILDAR (RR), KANAYANNOOR TALUK, ERNAKULAM, KOCHI 682 011. 4. KERALA WATER AUTHORITY, ERNAKULAM, REPRESENTED BY ITS MANAGING DIRECTOR, K.W.A JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURM 695 033. 5. ASSISTANT EXECUTIVE ENGINEER, WATER WORKS SUB DIVISION, PALLIMUKKU, KOCHI 682 016. R1 TO R3 BY GOVT. PLEADER SRI. MATHEW GEORGE VADAKKEL R4 & R5 BY ADV. SRI. M. DINESH, SC, KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.1481 of 2011 ------------------------------------------- Dated this the 24th day of March, 2011 J U D G M E N T ---------------------- The issue pertains to recovery of water charges in arrears allegedly due from the petitioner. The liability is disputed mainly on the ground that the petitioner was not conducting the Hotel business during the relevant period. It is evident that the petitioner had now raised a dispute challenging the liability before the 5th respondent, as per Ext.P4. Regulation 17D of the Kerala Water Authority Water Supply Regulations provides that such dispute need be adjudicated by the authority concerned, who is the Executive Engineer. 2. Therefore I am of the view that interest of justice will be served by relegating the petitioner to the competent authority for redressal of his grievances. 3. The writ petition is disposed of directing the 5th respondent to forward Ext.P4 representation to the Executive Engineer having jurisdiction over the matter. The said authority will consider and dispose of Ext.P4, after affording an opportunity of hearing to the petitioner, as W.P.(C).1481/11 -2- early as possible, at any rate, within a period of two months from the date of receipt of Ext.P4. 4. Till such time the matter is considered and a final decision is taken by the above said authority as directed above, recovery of amounts covered under Ext.P1 notice shall be kept in abeyance subject to condition of the petitioner remitting a sum of Rs.25,000/- (Rupees twenty five thousand only) within one month from today. 5. Appropriation of the amount if any remitted will be subject to final outcome of the decision by the authority as directed above. C.K.ABDUL REHIM, JUDGE. okb