IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 OP.No. 845 of 2002(A) ------------------------------- PETITIONER(S): ---------------------- SUSANNA JOLLY, KOTTOOR HOUSE, NORTH FORT,THRIPPUNITHURA, REPRESENTED BY POWER OF ATTORNEY HOLDER JONES PAUL, KOTTOOR HOUSE, NORTH FORT, THRIPPUNITHURA. BY ADVS. MR.S.RAJKUMAR MR.SOMAN P.PAUL RESPONDENT(S): -------------------------- 1. KERALA WATER AUTHORITY, REPRESENTED BY THE SECRETARY, KERALA WATER AUTHORITY,TRIVANDRUM. 2. ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, ERNAKULAM. 3. POST MASTER GENERAL CENTRAL REGION, PALLIMUKKU, ERNAKULAM. BY ADVS.MR.BABU VARGHESE, SC, KWA FOR R1 & R2 MR.M.DINESH, SC, KWA FOR R1 & R2 MR.P.S.SREEDHARAN PILLAI, SCGSC FOR R3 MR.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R3 MR.JOHN VARGHESE, ASSISTANT SG FOR R3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.1345/2002 IN OP. NO.845/2002 CLOSED 04.06.2009 SD/- V.K.MOHANAN, JUDGE APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LETTER NO.D-81 DT. 31.10.95. P2:- COPY OF THE PARTICULARS OF WATER CHARGES FROM 18.6.92 TO 11.6.93. P3:- COPY OF THE LETTER DT. 15.11.95 OF THE PETITIONER. P4:- COPY OF THE BILL. P5:- COPY OF THE LETTER DT. 2.11.01 OF PETITIONER. TRUE COPY P.A. TO JUDGE TSS V.K.MOHANAN, J. --------------------------------------------- O.P.No. 845 of 2002 - A --------------------------------------------- Dated this the 4th day of June, 2009 J U D G M E N T This writ petition is preferred challenging Ext.P4 bill issued by the respondents and also with a prayer for a direction directing the respondent to issue fresh bill levying the charges at the rate applicable in domestic tariff from 1.1.1996 onwards. 2. When the above case came up for admission, by order dated 8.1.2002 in C.M.P.No.1345 of 2002, this Court directed the respondents to reconnect the water connection on condition of payment of 50% of the amount demanded as per the bill in question. 3. When the mater is taken up today for consideration, the learned Standing Counsel for the Water Authority submits that the petitioner has not complied with the condition imposed by this Court and therefore, the water connection is not reconnected. The writ petition was filed on 3.1.2002 after disconnection and therefore, one of the prayers in the writ petition is for giving reconnection. Thus, it can be seen that for the last several years, disconnection was OP NO.845 OF 2002 :-2-: continued as such. The learned Standing Counsel further submits that if the petitioner is interested and aggrieved by Ext.P4 bill, an alternate remedy is available under Regulation 17(d) of the Water Supply Regulations. Under the above circumstances, the writ petition is disposed of relegating the petitioner to invoke the statutory remedy as available under Regulation 17(d) of the Water Supply Regulations, if she so desires. V.K.Mohanan, Judge MBS/ OP NO.845 OF 2002 :-3-: V.K.MOHANAN, JJ. -------------------------------------------- O.P.NO. 845 OF 2002 -------------------------------------------- J U D G M E N T DATED: 4-6-2009 OP NO.845 OF 2002 :-4-: