IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 WP(C).No. 3710 of 2011(K) -------------------------------- PETITIONER(S): ------------------- M.THANKAMMA, AGED 80 YEARS, W/O.KRISHNAN NAIR, RAJAS, K.S.N.MENON ROAD, KOCHI-16. BY ADVS. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMAR SRI.GEORGE MATHEW SRI.DIPU JAMES SMT.K.V.REMYA SRI.ARUN ALEX RESPONDENT(S): --------------------- 1. STATE OF KERALA, REP.BY SECRETARY REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. KERALA WATER AUTHORITY, VELLAYAMBALAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR, PIN-695 001. 3. ASSISTANT EXECUTIVE ENIGNEER, WATER WORKS SUB-DIVION, PALLIMUKKU, ERNAKUALM, PIN682 016. 4. DEPUTY TAHSILDAR, REVENUE RECOVERY, KANAYANNOOR TALUK, TALUK OFFICE, ERNAKULAM-682 011. R1, R4 BY GOVT.PLEADER SRI.C.K.GOVINDAN R2 & R3 BY ADV. SRI.M.DINESH, SC., K.W.A. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WPC. NO.3710/2011 APPENDIX RESPONDENT'S EXHIBITS: P1: COPY OF DEMAND NOTICE NO.B16-2010/51792/7/K.DIS DATED 28/08/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No.3710 of 2011 ------------------------------- Dated this the 22nd day of February, 2011. J U D G M E N T Revenue recovery steps initiated pursuant to Ext.P1 notice for realising an amount of Rs.37,477/- towards the arrears of 'Water Charges' due to the second respondent, is the subject matter of challenge in this writ petition. 2. Contention of the petitioner is that, before initiating the revenue recovery steps, no notice of demand was issued to the petitioner nor he was directed to make payment of the amount through any proceedings. Petitioner is also raising contention to the effect that, the revenue recovery steps now initiated is not sustainable, because the claim remains barred by limitation. Further contention of the petitioner is that, the water connection in question was availed for the purpose of construction of a building, during the year 2001, and there was no consumption from the said connection after completion of the construction in the year 2002. 3. Heard, standing counsel appearing for the second 2 W.P.(C).No.3710 of 2011 respondent. Noticing the fact that the relevant provisions under the 'Kerala Water Authority Water Supply Regulations' provides an effective remedy of appeal against the demand before the higher authority, who is the Executive Engineer, I am of the view that the petitioner can be relegated to that authority to seek appropriate remedy. 4. Therefore, the writ petition is disposed of directing the petitioner to file appeal against the demand in question before the Executive Engineer having jurisdiction in the matter. If any such appeal is filed within two week from the date of receipt of a copy of this judgment, the same shall be considered by the competent authority, after affording an opportunity of hearing to the petitioner, as early as possible, at any rate within a period of two months from the date of receipt of such appeal. 5. If the appeal is filed as directed above within the time stipulated, recovery of the amounts covered under 3 W.P.(C).No.3710 of 2011 Ext.P1 shall be kept in abeyance till the disposal of the appeal subject to condition of the petitioner remitting a sum of Rs.10,000/- within one month from today. Sd/- C.K.ABDUL REHIM, Judge ami/ //True copy// P.A.to Judge