IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 WP(C).No. 32555 of 2011(T) -------------------------- PETITIONER(S): --------------- P.P.XAVIER, PIDIYANCHERIL HOUSE, CHACKLALKAL ROAD, ERNAKULAM, COCHIN 15. BY ADV. SRI.ELVIN PETER P.J. SRI.T.G.SUNIL (PRANAVAM) SRI.K.R.GANESH RESPONDENT(S): --------------- 1. KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM 695033. 2. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, OFFICE OF THE EXECUTIVE ENGINEER, WATER WORKS SUB DIVISION, COCHIN 16. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, WATER WORKS SUB DIVISION, COCHIN 16. SRI.M.DINESH, SC, KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32555/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF NOTICE DT 24.11.99 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P2: TRUE COPY OF RECEIPT SHOWING THE PAYMENT OF RS.20 ON 26/11/99 ISSUED BY THE 1ST RESPONDENT. EXT.P3: TRUE COPY OF RECEIPT SHOWING THE PAYMENT OF RS.30 DT 3.5.2000. EXT.P4: TRUE COPY OF NOTICE DT 1.1.2004 ISSUED BY THE 1ST RESPONDENT. EXT.P5: TRUE COPY OF RECEIPT DT 9.1.2004 SHOWING THE PAYMENT OF RS.40 ISSUED TO THE PETITIONER. EXT.P6: TRUE COPY OF BILL DT 23.7.2003 ISSUED TO THE PETITIONER. EXT.P7: TRUE COPY OF REPRESENTATION DT 20.8.03 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P8: TRUE COPY OF COMMUNICATION DT 28.8.06 ISSUED BY THE 2ND RESPONDENT. EXT.P9: TRUE COPY OF BILL DT 22.2.2007 ISSUED TO THE PETITIONER. EXT.P10: TRUE COPY OF BILL DT 24.4.07 ISSUED TO THE PETITIONER. EXT.P11: TRUE COPY OF BILL DT 21.6.07 ISSUED TO THE PETITIONER. EXT.P12: TRUE COPY OF BILL DT 20.8.07 ISSUED TO THE PETITIONER. EXT.P13: TRUE COPY OF LETTER DT 28.7.07 SENT BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P14: TRUE COPY OF ORDER DT 7.8.07 ISSUED BY THE 1ST RESPONDENT. EXT.P15: TRUE COPY OF JUDGMENT DT 14.3.08 IN WPC NO.266667/07 OF THIS HON'BLE COURT.] EXT.P16: TRUE COPY OF APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPODNENT DT 20.3.08. EXT.P17: TRUE COPY OF CHEQUE NO.221500 DT 3.4.08 FOR RS.10,000/ REMITTED BY THE PETITIONER. WPC NO.32555/11 -2- EXT.P18: TRUE COPY OF COMMUNICATION DT 15.7.08 ISSUED BY THE 2ND RESPONDENT. EXT.P19: TRUE COPY OF BILL DT 7.2.11 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT. EXT.P20: TRUE COPY OF REPLY SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DT 19.2.11. EXT.P21: TRUE COPY OF BILL DT 8.4.11 ISSUED TO THE PETIITONER BY THE 3RD RESPONDENT. EXT.P22: TRUE COPY OF BILL DT 13.6.11 ISSUED TO THE PETIITONER by the 3RD RESPONDENT. EXT.P23: TRUE COPY OF BILL DT 16.8.11 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT. EXT.P24: TRUE COPY OF BILL DT 28.10.11 ISSUD TO THE PETITIONER BY THE 3RD RESPONDENT. EXT.P25: TRUE COPY OF REPLY DT 11.11.2011 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P26: TRUE COPY OF APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT 26.11.11. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 32555 OF 2011 ===================== Dated this the 7th day of December, 2011 J U D G M E N T Petitioner is a consumer of the respondents. The dispute raised by the petitioner is mainly regarding the accuracy of the demands made for water charges. 2. Earlier disputing the validity of Ext.P14 communication, the petitioner approached this Court by filing WP(C) No. 26667/07. That writ petition was disposed of by Ext.P15 judgment relegating the petitioner to file an appeal in terms of Clause 17(d) of the Water Supply Regulations. He was further directed to deposit an amount of `10,000 for reconnection of the supply. Accordingly, the amount was deposited and Ext.P16 appeal was also filed. From Ext.P18, it appears that the appeal was posted for hearing and was subsequently heard. However, orders have not been passed so far. 3. For the period subsequent to Ext.P14, respondents have issued Exts.P21 to P24 demands where, according to the petitioner, including the balance due under Ext.P14, `71,449 has been demanded. Aggrieved by this demand, petitioner filed WPC No.32555/11 :2 : Ext.P26 appeal before the 2nd respondent. It is stated that during the pendency of the appeal, due to non payment of the amount demanded, water supply has been disconnected w.e.f. 21/11/2011. It is in these circumstances the writ petition is filed. 4. I heard the learned counsel appearing for the petitioner and also the learned standing counsel appearing for the respondents. 5. As already seen, though Ext.P16 appeal has been heard, orders have not been passed so far. It is also seen that Ext.P26 appeal filed by the petitioner aggrieved by Exts.P21 to P24 is also pending before the 2nd respondent. 6. Having regard to the fact that to maintain an appeal, the Water Supply Regulations require that the consumer should remit 50% of the amount due, it is directed that towards the amounts demanded by Exts.P21 to P24, petitioner shall pay an amount of `15,000 within ten days from today. Once the amount is remitted as above, the 3rd respondent shall restore the water connection to the petitioner's residential premises without any delay in the matter. 7. If payment is made as above, the 2nd respondent WPC No.32555/11 :3 : before whom Exts.P16 and P26 appeals are pending, shall also issue notice to the petitioner, hear both the appeals and pass fresh orders in the matter. This shall be done as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp