IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 37526 of 2008(P) ---------------------------------------- PETITIONER(S): -------------------------- 1. PARAMBHATTARA KENDRIYA VIDYALAYAM, VADAYAMPADY, AIKARANADU NORTH, ERNAKULAM DISTRICT REPRESENTED BY THE MANAGER P.R.MURALEEDHARAN. 2. PARAMBHATTARA GURUKULAM SEVA SANGHAM REG.NO.95/73, VADAYAMPADY, AIKARANADU NORTH, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY V.N.SREEKUMAR. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE TAHSILDAR (RR) TALUK OFFICE, KUNNATHUNADU, PERUMBAVOOR. 3. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, ERNAKULAM. 4. THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PUTHENCRUZ. R3 & R4 BY ADV. STI. M. DINESH, SC, KWA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.37526/2008 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE TRUST DEED DTD. 22/01/2001. P2: COPY OF THE LEASE DEED DTD. 28/01/2005. P3: COPY OF THE DEMAND NOTICE DTD. 2/06/2006 ISSUED BY THE 2ND RESPONDENT. P4: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT. P4(A): COPY OF THE ENDORSEMENT DTD. 6/11/2006 BEARING EC.NO.998/2006 OF THE 1ST RESPONDENT ON EXT.P4. P5: COPY OF THE REPRESENTATION BEFORE RESPONDENT NO.4. P6: COPY OF THE NOTICE OF SALE OF IMMOVABLE PROPERTY ISSUED FROM THE OFFICE OF THE KUNNATHUNADU TALUK, PERUMBAVOOR. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.37526 OF 2008 -------------------------------------------- Dated this the 28th day of June, 2011 JUDGMENT The first petitioner is conducting a school by name Paramabhattara Kendriya Vidyalayam in the property having an extent of 3 Acres of land comprised in Re.Sy.No.225/5, 6 and 7, Block No.44 of Aikaranadu North village. The second petitioner is the owner of the said property. This Writ Petition has been filed challenging Ext.P6. It is a notice of sale of immovable property belonging to the management having an extent of 4.05 Ares comprised in Re.Sy.No.225/5, Block No.44 of the Aikaranadu North Village. Earlier, Ext.P3 demand notice was served on the first petitioner demanding an amount of Rs.52,449/- plus 5% collection charges towards arrears of water charge. It is the failure on the part of the first petitioner to effect payment of the said amount that resulted in issuance of Ext.P6. In view of the order I propose to pass in this Writ Petition I do not think it necessary to deal with the rival contentions and decide the matter, on merits. The learned standing counsel appearing for respondents 3 and 4 submits that in terms of regulations 17(d) of the Kerala Water Supply Regulation, an appeal will lie in case there is dispute with respect to the W.P.(C) NO.37526/2008 2 demand of water charges. At the time of admission, this Court passed a conditional order of stay of coercive steps pursuant to Ext.P6. In terms of the said order, the petitioner has effected payment of Rs.20,000/-. Taking into account the said aspects and also the submission made by the learned standing counsel, I am of the view that liberty can be granted to the first petitioner to raise grievance regarding the demand made by respondents 3 and 4 towards the water charge as per Ext.P3. Therefore, the first petitioner is granted liberty to prefer an appeal against the said demand before appropriate authorities within one month from the date of receipt of a copy of this judgment. On receipt of such an appeal, the appellate authority shall consider it on merits and pass appropriate orders within a further period of two months. To enable the appellate authority to consider the appeal, the first petitioner shall produce a copy of this judgment along with the appeal. Till an order is passed on the appeal and communicated to the first petitioner, the interim order passed by this Court staying all further proceedings pursuant to Ext.P6 will remain in force. This Writ Petition is disposed of, accordingly. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.37526/2008 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.37526/2008 4