IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 26242 of 2009(A) -------------------------- PETITIONER(S): --------------- ANNAKUTTY CHANDRY, W/O.LATE K.J.CHANDY, AGED 84 YEARS, VILANGUPARA HOUSE, KAROOR PO, PALA. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA WATER AUTHORITY, THIRUVANANTHAPURAM, REP.BY ITS MANAGING DIRECTOR 3. THE ASSISTANT EXECUTIVE ENGINEER, WATER WORKS SUB DIVISION, KERALA WATER AUTHORITY, PALA. 4. THE DISTRICT COLLECTOR, KOTTAYAM. 5. TAHSILDAR(RR), MEENACHIL, PALA. 6. VILLAGE OFFICER, LALAM VILLAGE, PALA. STANDING COUNSEL SRI.M.DINESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM,J ---------------------- W.P.(c) No.26242 of 2009 ---------------------------------------- Dated this the 17th day of September 2009 J U D G M E N T 1. Challenge in this writ petition is against proceedings initiated under the provisions of the Kerala Revenue Recovery Act pursuant to Ext.P1 notice for realisation of a sum of Rs.64,474/- along with interest, being the amounts of water charges due from the deceased husband of the petitioner with respect to a connection which was provided in a building in occupation by him as a tenant. According to the petitioner, the consumer, her deceased husband, died in the year 1995. It is submitted that the petitioner's son continued occupation of the building till the year 1999. But the entire bills pertaining to the period when the building was in occupation, had already been paid without any default and neither the deceased husband nor the petitioner is liable to pay the amount now demanded, which may be pertaining to the subsequent periods. The petitioner had submitted Ext.P2 objections before the 3rd respondent, requesting to furnish details of the demand and also requesting to recall the revenue recovery proceedings. She had also W.P.(c) No.26242/09 2 approached the 5th respondent under Ext.P3 representation requesting to keep in abeyance further steps of recovery. But the 5th respondent, through Ext.P4 reply, informed that unless orders are not obtained from the requisitioning authority, the proceedings under the Revenue Recovery Act cannot be held up. 2. Heard, learned Standing Counsel appearing for respondents 2 and 3. It is submitted that the amount demanded under Ext.P1 is arrears pertaining to water charges due with respect to the connection provided in the name of the deceased husband of the petitioner, and the revenue recovery steps are now initiated against the petitioner because she is the legal heir of the deceased defaulter. However, it is pointed out that as per Regulation 17(d) of the Kerala Water Authority (Water Supply) Regulations, an appeal is provided with respect to any dispute against the demand of water charges. Therefore, it is contended that no relief can be granted to the petitioner in this writ petition in view of the effective alternative remedy available. 3. Having considered the facts and circumstances and also the contentions on both sides, I am of the opinion that the petitioner need be relegated to the statutory authority seeking redressal of her grievances, since the disputed questions of facts cannot be resolved by this Court in a writ petition. W.P.(c) No.26242/09 3 4. Hence the writ petition is disposed of directing the Executive Engineer having jurisdiction over the area to call for the records from the office of the 3rd respondent along with Ext.P2 representation and to consider and dispose of the matter, after affording an opportunity for hearing to the petitioner. The said authority shall also consider permitting payment of the amounts ultimately found due in easy instalments. A decision in this regard may be taken as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. 5. The respondents are directed to keep in abeyance all further steps for recovery initiated pursuant to Ext.P1 notice till final decision is taken by the Executive Engineer as directed above, on condition of the petitioner remitting an amount of Rs.20,000/- (Rupees twenty thousand only) within a period of one month from today. 6. The petitioner is directed to produce a copy of this judgment before the Executive Engineer concerned, within a period of two weeks from today. (C.K.ABDUL REHIM, JUDGE) jsr