IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 8573 of 2005(U) ------------------------- PETITIONER: ------------ P.SREENIVASAN, AGED 84 YEARS, S/O. KRISHNAN, RESIDING AT PANTHAYIL HOUSE, PUTHUKUDI LANE, ANIE HALL CROSS ROAD, CALICUT. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KOZHIKODE. 2. THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, WEST HILL, KOZHIKODE. 3. THE SPECIAL DEPUTY TAHSILDAR, REVENUE RECOVERY, KOZHIKODE. BY ADV. SRI.SAJAN MANNALI, SC, KWA FOR R2 SMT.SMITHA, GOVERNMENT PLEADER FOR R1 & 3 SRI.M.DINESH, SC, KWA FOR R2TO3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.8573/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF VOUCHER MADE BY PETITIONER DATED 13/05/1996. P2 : COPY OF REPRESENTATION MADE BY PETITIONER DATED 04/07/1996. P3 : COPY OF NOTICE FROM R2 TO PETITIONER DATED 12/01/2004. P4 : COPY OF REPRESENTATION DATED 06/02/2004. P5 : COPY OF REVENUE RECOVERY NOTICE FROM R2 TO PETITONER DATED 26/10/2004. P6 : COPY OF LAWYER'S NOTICE DATED 10/12/2004. RESPONDENT'S EXHIBITS R-2(1) : COPY OF CONSUMER LEDGER RELATING TO CONSUMER NO.C 16/103 DATED 08/12/2005. R-2(2) : COPY OF CONSUMER LEDGER RELATING TO CONSUMER NO.16/102 DATED 08/12/2005. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ---------------------- WP(C) No.8573 of 2005 ------------------------------------ Dated, this the 23rd day of July, 2008 J U D G M E N T Petitioner is challenging demand of water charges. According to learned counsel for the Water Authority, connection was given by Calicut Corporation and the same was taken over by the Water Authority only in the year 1990 and since 1990 onwards petitioner has not paid any water charges for the domestic connection enjoyed by the petitioner. According to petitioner, he is not liable to pay the charges as the supply was disconnected long back. In any case, in view of the factual controversy for the last several years about the existence of water connection enjoyed by petitioner, quantity of water consumed etc., I feel the matter has to be considered by the Authority with reference to the facts after enquiry by the Executive Engineer, Water Authority. The writ petition is, accordingly, closed directing petitioner to remit 25% of the demand and file an appeal before the Executive Engineer, Kerala Water Authority against the same within a period of six weeks from now. If appeal is filed as above, the Executive Engineer will call for the records, hear the petitioner and dispose of the appeal within a period of two months WP(C) No.8573/2005 -2- from the date of filing appeal as above. If petitioner does not remit 25% of the demand and file appeal within six weeks from now, respondents can recover entire arrears. If 25% of the demand is paid as above, recovery of balance will remain stayed for four months from now. Recovery thereafter will be based on orders of the Executive Engineer in the appeal to be filed by the petitioner as above. (C.N.RAMACHANDRAN NAIR, JUDGE.) jg