IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 WP(C).No. 23867 of 2010(G) -------------------------- PETITIONER(S): ------------------- THOMAS MATHEW, AGED 58, S/O.MATHEW, HOUSE NO.6/18B, KANJIRAPADATHU KILUTHATTIL, NOVODAYA, THENGODE, ERNAKULAM, COCHIN-21. BY ADV. SRI.K.C.ELDHO RESPONDENT(S): ---------------------- 1. ASSISTANT ENGINEER, KERALA WATER AUTHORITY, OFFICE OF THE ASSISTANT ENGINEER, KALAMASSERY, ERNAKULAM-683 104. 2. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, OFFICE OF THE EXECUTIVE ENGINEER, ERNAKULAM, COCHIN-18. 3. KERALA WATER AUTHORITY, REPRESENTED BY ITS SECRETARY, JALA BHAVAN, PATTOM, TRIVANDRUM-695004. SRI.M.DINESH, SC, KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 23867 OF 2010 (G) ===================== Dated this the 30th day of August, 2010 J U D G M E N T The controversy in this writ petition is in relation to Exts.P4 and P5 supplementary bills issued to the petitioner. Against the said bills, petitioner filed Ext.P6 appeal, which resulted in Ext.P9 order and Ext.P10 bill. A reading of Ext.P9 order shows that according to the respondent, the bill amount represents the amount payable for the water consumed by the petitioner. On the materials produced, it is evident that adjudication of the issue raised in the writ petition requires resolution of factual issues, which cannot be undertaken in a proceedings under Article 226 of the Constitution of India. 2. Be that as it may, having regard to the fact that out of the bill amount due under Ext.P10, petitioner has already remitted Rs.5000/-, it is directed that the petitioner will be permitted to pay the balance amount in six equal monthly instalments. The first instalment will be paid by the petitioner on or before 15th of September, 2010 and the subsequent instalments will be paid on or before 15th of every succeeding WPC No. 23867/10 :2 : month. Needless to say that, in case any default is committed, it will be open to the respondents to initiate such action as is permissible in law. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp