Disposed

Alla Antony v. the Asst.Exe.Engineer

Kerala HC4 Jun 2009WP(C)/24981/2003

Case brief

AI extract

What is this about?

In a water supply dispute involving demand notices and disconnection threats due to alleged arrears, the High Court held that alternative statutory remedies were available. The petition was disposed of by directing the petitioner to file an appeal before the appellate authority.

What did the court decide?

Petitioner directed to file appeal within three weeks; respondents restrained from disconnecting water supply for three months.

Alla Antony Vs the Asst.Exe.Engineer — Service and Employment | Kerala HC (2009)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931

¶4

WP(C).No. 24981 of 2003(Y) --------------------------

¶5

PETITIONER(S): ---------------

¶6

ALIA ANTONY, PADAYATTI HOUSE, KAVARAPARAMBU, NAYATHODU, (VIA) ANGAMALY.

¶7

BY ADV. MR. WILSON URMESE

¶8

RESPONDENTS:

¶9

¶10

THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H.SUB DIVISION, ANGAMALY.

¶11

THE KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM.

¶12

ADV. MR.BABU VARGHESE, SC, KWA MR.M.DINESH, SC, KWA

¶13

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

WP(C).24981/03

¶15

APPENDIX

¶16

PETITIONER'S EXHIBITS:-

¶17

EXT.P1:- TRUE COPY OFRECEIPT DATED 6.1.2003 ISSUED BY THE 1ST RESPONDENT.

¶18

EXT.P2:TRUE COPY OF DISCONNECTION ADVICE DT.15.7.03 OF 1ST RESPONDENT

¶19

EXT.P3:TRUE COPY OF THE BILL NO.3860 DT.5.7.03 BY 1ST RESPONDENT. EXT.P4:TRUE COPY OF THE BILL DT. 12.9.02.

¶20

RESPONDENT'S EXHIBITS:-

¶21

EXT.R1(a):-TRUE COPY OF METER READING AND BILL NO.1448 DT.12.9.02. EXT.R1(b):-TRUE COPY OF BILL NO.3860 DT.5.7.03 EXT.R1(c):-TRUE COPY OF CONSUMER PERSONAL LEDGER.

okb

//True Copy//

P.A. to Judge

C.K.ABDUL REHIM, J.

¶26

------------------------------

¶27

W.P.(C).No.24981 OF 2003

¶28

-------------------------------

¶29

Dated this the 4^th day of June, 2009.

¶30

J U D G M E N T

¶31

The challenge in this writ petition was originally against Ext.P2 notice issued to the petitioner threatening disconnection of his water supply on the ground that there is arrears in payment of water charges. According to the petitioner, he was regularly remitting water charges without any default. Ext.P1 receipt produced by the petitioner will show that he had paid an amount of Rs.66/- with respect to the months from 1/2003 to 3/2003. Respondents 1 and 2 filed counter affidavit producing Exts.R1(a) and R1(b) demands for payment of arrears, which were alleged to have been issued to the petitioner. According to them Ext.P1 is only payment made on the basis of provisional amount fixed, and there were excess consumption during the previous periods, and Ext.R1(a) & R1(b) were issued based on the Meter readings recorded. Ext.R1(a) pertains to the period from 3/1993 to 7/2002 and Ext.R1(b) is for the period from 8/2002 to 5/2003. The total arrear claimed is Rs.22,024/-. Thereafter the petitioner amended the writ petition

¶32

W.P.(C).24981/03

¶33

¶34

challenging Exts.R1(a) and R1(b) also, which were produced as Exts.P3 and P4 respectively, along with the petition seeking amendment.

¶35

The dispute pertains to correctness of water charges payable by the petitioner. According to the petitioner the connection is only a domestic connection provided to his residential house and the huge demand is not correct and sustainable. The respondents on the other hand contends that the petitioner had additional consumption because he was using water for the purpose of bakery business conducted by his son and also for construction purposes of another house built in the same compound. However, the disputed facts with respect to correctness of the demands or the correctness of the Meter reading recorded cannot be resolved to in this proceedings, filed under Article 226 of the Constitution of India. The learned Standing Counsel appearing for the respondents pointed out that the petitioner has got an effective alternate remedy by way of appeal before the Executive Engineer as provided under Regulation 17D of the Kerala Water Authority Water Supply Regulations, 1991. Therefore, I feel that the petitioner can be relegated to the said authority for redressal of his grievances, if any.

¶36

W.P.(C).24981/03

¶37

¶38

In the result, the writ petition is disposed of directing the petitioner to file appeal against Exts.P3 and P4 before the appropriate Appellate Authority as provided under Regulation 17D of the Kerala Water Authority Water Supply Regulations, 1991, within a period of three weeks from today. If such an appeal is received by the Appellate Authority, the same shall be considered and disposed of as early as possible, at any rate within a period of 2 months from the date of its receipt, after affording an opportunity of personal hearing to the petitioner. The appellate authority may also consider allowing payment of the amount ultimately found due from the petitioner, in installments. In order to facilitate filing of appeal and its disposal, the respondents are restrained from disconnecting water supply to the petitioner alleging non-payment of the amounts covered under Exts.P3 and P4, for a period of three months from today.

¶39

The writ petition is disposed of accordingly.

¶40

C.K.ABDUL REHIM, JUDGE.

¶41

okb

Alla Antony v. the Asst.Exe.Engineer

Case brief

What is this about?

What did the court decide?

Alla Antony v. the Asst.Exe.Engineer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M.D.Paul Vs Union of India

P.Sudhakaran Vs Dy.Commissioner of Income Tax

Mathew Rajan Vs State of Kerala

Muhammed Musthaffa Vs Chief Manager,Kfc

C.P.Nazeena Vs Assistant Commissioner (Assessment),Kann

T.Satheesh Kumar Vs Regional Provident Fund Commr.