IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 WP(C).No. 25737 of 2008(L) -------------------------- PETITIONER: --------------- JOHN JOSEPH, S/O.K.M.JOHN, AGED 63 YEARS, JASMINE TEXTILES, MUNICIPAL COMPLEX, PALA, KOTTAYAM DT. BY ADV. SRI.C.J.JOY RESPONDENTS: ------------------ 1. THE KERALA WATER AUTHORITY, REPRESENTED BY ASST.EXECUTIVE ENGINEER, WATER SUPPLY SUB DIVISION, PALA, KOTTAYAM DT. 2. DY.TAHSILDAR (RR), REVENUE RECOVERY OFFICE, MEENACHIL, PALA, KOTTAYAM DT. 3. THE VILLAGE OFFICER, LALAM VILLAGE OFFICE, PALA, KOTTAYAM DT. BY SRI.M.DINESH, SC, KWA GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 25737 OF 2008 L ==================== Dated this the 27th day of August, 2008 J U D G M E N T Petitioner was being supplied water initially by the Pala Municipality and subsequently the water supply was taken over by the Kerala Water Authority. Petitioner submits that though he had a water connection, there was no water supply. Despite this, in November, 2001, he was issued a notice demanding payment for the period from 1995-2001 and on receipt thereof, petitioner filed Ext.P1 objection. 2. It is stated that in September, 2002, the water connection itself was disconnected. Despite this, in 2003, Ext.P2 was issued to him demanding payment of Rs.12,743/-. On this occasion also, the petitioner disputed the liability as per Ext.P4. It is stated that he did not hear anything further in the matter. But, however he has now been served Exts. P5 and P6 revenue recovery notices demanding payment of Rs.54,661/- and other charges. It is challenging the recovery proceedings, the writ petition has now been initiated. 3. Since the petitioner is disputing the very liability to pay the amount demanded on the ground that he was not being supplied water WPC 25737/08 :2 : and that meter readings were not recorded, this involves resolution of the factual disputes and therefore, in my view, appropriate course open to the petitioner is to seek the appellate remedies that are available to him under the Water Supply Regulations. 4. Therefore, I direct that the petitioner shall file an appeal before the Executive Engineer of the Kerala Water Authority at Pala against the demands now raised against him. The appeal shall be filed, as expeditiously as possible, at any rate within one month from today. It is directed that if such an appeal is filed and the amount demanded in Ext.P2 remitted along with the appeal, the appeal shall be considered on merits and shall be disposed of with notice to him. It is directed that subject to remittance of the amounts demanded in Ext.P2 as above, further proceedings pursuance to Exts. P5 and P6 shall be kept in abeyance until the appeal is disposed of as above. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp