IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WP(C).No. 36039 of 2008(M) ------------------------------------- PETITIONER(S): ------------------------- SHANTHI SRIKUMAR 'SAMRUDHI' PLAKKAT COLONY ELAMKULAM ROAD, KOCHI-17 BY ADV. SRI.K.MANOJ CHANDRAN SRI.P.R.AJITHKUMAR RESPONDENTS: ------------------------ 1. THE KERALA WATER AUTHORITY THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE ASSISTANT EXECUTIVE ENGINEER KERALA WATER AUTHORITY, ERNAKULAM. BY SMT. M. DINESH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- WP(C).NO. 36039 of 2008 --------------------------------- Dated this the 9th day of December, 2008 JUDGMENT The petitioner, a domestic consumer of the first respondent is aggrieved by the excess charges sought to be realised by the Kerala Water Authority. There is a remedy available to the petitioner by way of an appeal. But I agree that an order will have to be passed in this regard by the original authority. Ext.P3 complaint is filed before the Assistant Executive Engineer. 2. Having heard learned Standing Counsel for the Kerala Water Authority, the writ petition is disposed of directing the second respondent to pass a reasoned order adverting to the petitioner's objection contained in Ext.P3, within a period of two months from the date of receipt of a copy of this judgment. Thereupon it is open to the petitioner to prosecute an appeal against Ext.P2, if he is aggrieved by the same. Disconnection shall be kept in WPC.36039 /2008 2 abeyance pending an order by the second respondent in the manner aforementioned. Water Authority shall take action on Ext.P5 before a decision is taken by the second respondent on Ext.P3. V. GIRI, JUDGE. pmn/ WPC.36039 /2008 3