Kerala High Court
K.C.Varghese @ K.C.Babu vs The Kerala Water Authority on 7 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943
WP(C).No.3183 OF 2021(W)
PETITIONER:
K.C.VARGHESE @ K.C.BABU
AGED 70 YEARS
S/O. CHANDY, PROPRIETOR, AMBILI LODGE, NEAR
MUNICIPAL BUS STATION, ALUVA, RESIDING AT KARUVELI
HOUSE, PERIYAR LANE, ALUVA WEST VILLAGE, ALUVA,
ERNAKULAM DISTRICT 683101.
BY ADVS.
SRI.S.SREEKUMAR (KOLLAM)
SRI.K.C.BALAGOPAL (ALWAYE)
SMT.V.BEENA
SRI.ANAND B. MENON
SHRI.K.VIJAYAN
RESPONDENTS:
1 THE KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN,
THIRUVANANTHAPURAM PIN 695 033.
2 THE EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY, PIPE LINE ROAD, PERIYAR
NAGAR, ALUVA PIN 683101.
3 THE ASSISTANT EXECUTIVE ENGINEER,
PIPE LINE SECTION, KERALA WATER AUTHORITY, PIPE
LINE ROAD, PERIYAR NAGAR, ALUVA PIN 683101.
4 THE ASSISTANT ENGINEER,
SPECIAL REVENUE SQUAD, KERALA WATER AUTHORITY,
PH DIVISION, ALUVA, PIN 683101.
5 THE ASSISTANT EXECUTIVE ENGINEER,
WATER WORKS SUB DIVISION, KERALA WATER AUTHORITY,
KOCHI PIN 682 016.
R1-5 BY SHRI.P.BENJAMIN PAUL, SC, KERALA WATER
AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.ASHA, J.
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W.P(c) No.3183 of 2021-W
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Dated this the 7th day of April, 2021
JUDGMENT
The Writ Petition is filed seeking the following reliefs:-
"i. Issue a writ of mandamus or such other writ, direction or order compelling
the 2nd respondent to consider Exhibit P9 appeal within a time frame fixed by this Hon'ble
Court.
ii. To issue a writ of certiorari, order or other appropriate order or direction
quashing Exhibit-P12 bill issued to the petitioner by the third respondent.
iii. Issue such other writ or direction this Hon'ble Court may deem fit to pass
in the circumstance of the case."
2. Though the petitioner was asked to furnish before this Court as to whether
he is amenable for payment of a sum of Rs.3,598/- referred to in Ext.P11 in addition to
Rs.25,000/- already remitted, there has not been any representation for the petitioner for
the subsequent postings on 12.03.2021, 25.03.2021 and also today.
Therefore, the Writ Petition is disposed of with a direction to the petitioner to
remit the sum of Rs.3,598/- (Rupees Three thousand five hundred and ninety eight only)
as directed in Ext.P11 in addition to the sum of Rs.25,000/-, which the petitioner has
already remitted.
Sd/- (P.V.ASHA, JUDGE)
rtr/
W.P(C).No.3183/2021-W
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE STATEMENT OF PAYMENTS
MADE FOR WATER CONSUMED BY THE PETITIONER
FROM 2002 ISSUED THE OFFICE OF THE SECOND
RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE DEMAND AND DISCONNECTION
NOTICE DATED 11-03-2019, ISSUED BY THE
THIRD RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE SUBMISSION DATED 27-03-
2019 GIVEN TO THE THIRD RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE APPLICATION DATED 31-05-
2019 MADE BY THE PETITIONER TO THE THIRD
RESPONDENT FOR TESTING THE WATER METER BY A
COMPETENT AUTHORITY.
EXHIBIT P5 A TRUE COPY OF THE LETTER DATED 12-07-2019
ISSUED BY THE THIRD RESPONDENT ADDRESSING
THE FIFTH RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE WATER METER TEST
CERTIFICATE DATED 19-07-2019 ISSUED BY THE
FIFTH RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE SUBMISSION DATED 20-07-
2019 MADE TO THE THIRD RESPONDENT.
EXHIBIT P8 THE TRUE COPY OF THE JUDGMENT DATED 14-11-
2019 IN WP(C) NO. 26016/2019.
EXHIBIT P9 THE TRUE COPY OF THE APPEAL MEMORANDUM.
EXHIBIT P10 THE TRUE COPY OF THE APPLICATION DATED 28-
02-2020 SUBMITTED BEFORE THE 3RD
RESPONDENT.
EXHIBIT P11 THE TRUE COPY OF THE ORDER OF THE ADALATH
CONDUCTED BY THE KERALA WATER AUTHORITY.
EXHIBIT P12 THE TRUE COPY OF THE BILL DATED 06-01-2021
ISSUED FROM THE PH SUB DIVISION ALWAYE.
