IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 WP(C).No. 13615 of 2010(B) --------------------------------------- PETITIONER: ------------------- SEBASTIAN.K.T, AGED 48, S/O. THOMAS, KALYANAPARAMBIL, KANNAMALI.P.O, KOCHI. BY ADVS. SRI.K.RAMACHANDRAN, SRI.S.SREEDEV. RESPONDENTS: ------------------------ 1. THE EXECUTIVE ENGINEER, W.W SUB DIVISION, KERALA WATER AUTHORITY, KOCHI. 2. THE ASSISTANT EXECUTIVE ENGINEER, W.W SUB DIVISION, KOCHI. BY SRI. M. DINESH, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 13615 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of May, 2010 J U D G M E N T The petitioner is a consumer of water from the Kerala Water Authority. On an allegation that the petitioner has unauthorisedly used water pump for sucking water from the pipeline petitioner's water connection has been disconnected and penalty has been demanded from him. The penalty was paid and the connection was restored. The petitioner now submits that the recovery of penalty is totally arbitrary and he is not guilty of the allegations raised against him. It is under the above circumstances the petitioner has filed this writ petition challenging the demand for penalty by Ext.P2. The learned standing counsel for the Kerala Water Authority submits that as per the rules presently standing the petitioner has a right of appeal against the order before the Superintending Engineer concerned. I am of the opinion that when there is W.P.(C)No. 13615 of 2010 -2- a provision of appeal the petitioner should resort to that remedy first. The writ petition is therefore disposed of with the following directions: The petitioner shall file an appeal before the concerned Superintending Engineer, within three weeks in the form prescribed for the same. If the petitioner requests for the form the same shall be supplied to the petitioner by the 2nd respondent. On receipt of the appeal the Superintending Engineer shall consider and pass orders on the appeal within a period of one month from the date of receipt of the appeal after affording an opportunity of being heard to the petitioner. S. SIRI JAGAN JUDGE shg/