IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 OP.No. 30455 of 2001(A) ----------------------- PETITIONER: ------------ M.A.UNNI, KADELAN PIPES, P.O.MUDICKAL, MARAMPILLY. BY ADV. SRI.E.SUBRAMANI SRI.S.EASWARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. KERALA WATER AUTHORITY, REP. BY ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PERUMBAVOOR. 3. THE DEPUTY TAHSILDAR(RR), ALUVA. BY ADV. SRI.M.DINESH, SC, KWA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.49555/2001 IN OP NO.30455/2001 DISMISSED: 4.1.2008 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF REPRESENTATION DT.19.12.99 SUBMITTED BY THE PETITIONER BEFORE THE ASST. EXECUTIVE ENGINEER, PERUMBAVOOR OF R2. P2: COPY OF DEMAND NOTICE DT.27.9.2001 ISSUED BY R3. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. No.30455 of 2001 .................................................................... Dated this the 4th day of January, 2008. JUDGMENT The petitioner is challenging recovery proceedings for recovery of arrears of water charges for a non-domestic connection given to the petitioner in the year 1990. Since facts are not on record and counter is not filed, I feel petitioner can be granted opportunity to file appeal against the disputed bill. Even though payment of 50% is the condition for maintainability of appeal, having regard to the contentions raised, I direct the petitioner to pay an amount of rupees five thousand and file appeal within one month from date of receipt of copy of this judgment. If Rs.5,000/- is paid and appeal is filed within the said period, there will be direction to the Executive Engineer to consider the appeal, estimate the consumption, if actual consumption is not available based on facts and determine liability afresh within a period of three months from date of filing appeal. In that event recovery of balance will remain stayed till appeal is disposed of. However, if petitioner does not make payment and file appeal as above, recovery can be continued in terms of the present demand. The O.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms