IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 25754 of 2006(N) -------------------------- PETITIONER(S): --------------- P.NAZERUDEEN, S/O.A.POOKUNJU, KINARUVILA VEEDU, MNAKKARA, SASTHAMCOTTAH, KOLLAM DISTRICT. BY ADV. SRI.N.NAGARESH RESPONDENT(S): --------------- 1. THE KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR. 2. THE EXECUTIVE ENGINEER, WATER SUPPY DIVISION, KERALA WATER AUTHORITY, KOLLAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, WATER SUPPLY SUB DIVISION, KERALA WATER AUTHORITY, SASTHAMCOTTAH, KOLLAM. BY ADV. SRI.M.DINESH, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF LETTER DT.8.4.2002 ISSUED BY R2. P2: COPY OF STATEMENT OF WATER CHARGE FOR THE PERIOD FROM 7/01 TO 6/05 ISSUED BY R3. P3: COPY OF RECEIPT DT.7.6.05 FOR RS.32,452/- ISSUED BY R3. P4: COPY OF DISCONNECTION NOTICE DT.22.9.06 ISSUED BY R3. P5: REPORT IN THE MALAYALA MANORAMA DAILY DT.15.3.2007. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.25754 of 2006 .................................................................... Dated this the 27th day of May, 2009. JUDGMENT Challenge is against recovery proceedings and threat of disconnection of water supply on account of non-payment of arrears. Admittedly petitioner has not paid arrears of water charges for the connection taken to the residential premises and factory attached to a metal crusher unit. Standing Counsel for Water Authority submitted that arrears as on June 2005 was Rs.72,905/-, out of which petitioner has paid Rs.32,452/-. Balance with interest is stated to be around Rs.50,000/-. According to the petitioner, regular bills were not furnished by Water Authority and that led to default. In the circumstances, W.P. is disposed of directing the petitioner to file appeal before the Executive Engineer of Water Authority after paying a further sum of Rs.15,000/- towards arrears and if payment is made and appeal filed within three weeks from date of receipt of copy of this judgment, no recovery or disconnection for recovery of balance amount will be made until disposal of the appeal. The Executive Engineer is directed to dispose of the appeal within three months from the date of receipt of the same. However, this will not bar the Water Authority from making 2 disconnection, if the current arrears are not paid. The details of current arrears will be furnished within one week from date of receipt of copy of this judgment and petitioner will be given another one week time to clear the current arrears. C.N.RAMACHANDRAN NAIR Judge pms