IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WP(C).No. 34205 of 2009(U) -------------------------- PETITIONER(S): --------------- MRS. PHEMY MATHEW, W/O. V.J. MATHEW, AGED 43 YEARS, PLOT NO.80, 37/1557 A, VALAMPARAMBIL VEEDU, JAWAHAR NAGAR, SUBHASH BOSE ROAD, KADAVANTHRA, KOCHI -20. BY ADV. SRI.P.K.SURESH KUMAR SRI.BIJISH B.TOM RESPONDENT(S): --------------- 1. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, SECTION 1 & 2, W.W SUB DIVISION, KERALA WATER AUTHORITY, PALLIMUKKU, COCHIN - 16. BY SRI.M.DINESH, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.34205/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE BILL NO.1453 DTD. 21.2.2009 FOR RS.432/- ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P2. TRUE COPY OF THE LETTER DTD. .6.7.2009 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P3. TRUE COPY OF THE BILL NO.1625 DTD. 23.10.2009 FOR RS.5988/- ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P4. TRUE COPY OF THE LETTER DATED 10.11.2009 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.34205 of 2009 ----------------------------------------- Dated this the 1st March, 2011 JUDGMENT Ext.P3 bill issued by the second respondent is under challenge in this writ petition. When this writ petition came up for admission hearing on 30.11.2009 this Court passed the following order:- “Admit. Sri.M.Dinesh, the learned standing counsel takes notice for the respondents. Respondents to file statement, if any, within one week. Post on 7.12.2009. In the meanwhile, the second respondent shall consider the request made by the petitioner in Exts.P2 and P4 and take a decision thereon. The water supply connection to the petitioner's residence shall not be disconnected in the event of the petitioner remitting the sum of Rs.1,000/- towards part payment of Ext.P3 invoice. Such payment shall be within two days from today.” 2. When the writ petition came up for hearing today, the learned counsel on both sides submitted that thereafter, the dispute raised in this writ petition was referred to the Adalat W.P(C).No.34205 of 2009 -:2:- conducted by the Kerala Water Authority on 5.1.2010 and the following decision was taken at that Adalat:- “The petitioner (consumer) agreed to replace the meter with a new meter within two weeks. Then the reading will be watched for 6 months. The bill from 4/2009 to 12/2009 will be revised according to the reading taken from the new meter (Bill No.1509 dt. 25.4.09, Bill No.1566 dt. 16.6.09 and Bill No.1625 dt. 23.10.09 to be revised). Both the parties agreed for the same.” The petitioner has filed I.A.No.2845 of 2011 referring to the above decision and stating that though pursuant to the said decision he has replaced the meter, till date the Kerala Water Authority has not issued a revised bill. 3. Sri.P.K.Suresh Kumar, learned counsel appearing for the petitioner submitted that as the dispute stands resolved by the decision taken at the Adalat held on 5.1.2010 this writ petition may be disposed of with a direction to the respondents to implement the decision taken at the Adalat held on 5.1.2010. Sri.M.Dinesh, learned standing counsel appearing for the respondents, concurred with the said submission. In such circumstances I dispose of the writ petition with a W.P(C).No.34205 of 2009 -:3:- direction that the rights of the parties as regards Ext.P3 bill shall stand governed by the decision taken at the Adalat held on 5.1.2010. The competent officer of the Kerala Water Authority shall implement the said decision and issue a revised bill to the petitioner expeditiously and in any event within one month from today. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.34205 of 2009 ---------------------------- JUDGMENT 1st March, 2011