IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 OP.No. 29072 of 2002(J) ----------------------- PETITIONER: ------------ N.R.THANKAM, W/O.LATE DR.N.R.APPUKUTTY, DORAN DENTAL CLINIC, S.M.STREET, CALICUT. BY ADV. SRI.ABDUL SALAM RESPONDENTS: ------------- 1. THE ASSISTANT ENGINEER, KERALA WATER AUTHORITY, CALICUT. 2. THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, CALICUT. 3. THE KERALA WATER AUTHORITY, TRIVANDRUM, REPRESENTED BY ITS MANAGING DIRECTOR. 4. THE SPECIAL DEPUTY TAHSILDAR, (ARREARS COLLECTION) CALICUT. 5. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.M.V.MATHAI MUTHIRENTHY, SC, KWA SMT.SMITHA SUKUMAR, GOVERNMENT PLEADER SRI.SAJAN MANNALI, SC, KWA SHRI.M.DINESH, SC THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO. 29072/2002 ORDER ON CMP NO. 49472/2002 IN O.P.NO. 29072/2002 DISMISSED. 20/01/2008 SD/- (C.N.RAMACHANDRAN NAIR, JUDGE) APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF BILL DATED 31/12/2001 ISSUED BY FIRST RESPONDENT. P2 : COPY OF REPRESENTATION DATED 22/03/2002 SUBMITTED BY PETITIONER BEFORE 2ND RESPONDENT. P3 : COPY OF REVENUE RECOVERY NOTICE DATED 16/08/2002 IN FORM 7 ISSUED BY 4TH RESPONDENT. RESPONDENT'S EXHIBITS R1(a) : COPY OF DETAILS OF WATER CHARGES FROM 11/90 TO 12/99. R1(b) : COPY OF BILL DATED 26/10/2002 IN CONSUMER NO. C10/77. // TRUE COPY // PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. --------------------------- O.P. No. 29072 of 2002 --------------------------------- Dated, this the 2nd day of January, 2008 J U D G M E N T Heard learned counsel Shri.Abdul Salam for petitioner and learned standing counsel for Water Authority. Petitioner is challenging arrear bill raised by the Water Authority and recovery proceedings for supply for the period from 01/04/1999 to November 2001. According to the petitioner, supply was disconnected eight years back and the matter was informed to the Water Authority. However, no evidence was produced about closure of business, which is a Dental Clinic, where connection was given. Even though petitioner's husband died, petitioner was stated to be carrying on business by engaging other dentists. In any case, it is not possible for this Court to decide the issue because factual findings have to be made based on evidence about date of closure of business, disconnection of water supply etc. Accordingly, this original petition is disposed of directing petitioner to deposit Rs.5,000/- and file appeal, along with receipt of payment made, before the Executive Engineer, within a period of one month from receipt of this judgment. If appeal is filed as above, the Executive Engineer will conduct enquiry, consider evidence about closure of O.P.NO. 29072/2002 -2- business, disconnection etc. and decide the matter. Petitioner can produce lease deeds, electricity bill etc. as collateral evidence for closure of business. (C.N.RAMACHANDRAN NAIR, JUDGE) jg