Kerala High Court
Thankappan vs The Assistant Executive Engineer on 9 February, 2021
W.P(c).No.33701/2017-K 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.33701 OF 2017(K)
PETITIONERS:
1 THANKAPPAN, AGED 80 YEARS
S/O VASU, DEVASWOMTHARA HOUSE,THURAVOOR PO,
KUTHIYATHODE, CHERTHALA TALUK, ALAPPUZHA DISTRICT.
[DECEASED].
ADDL.2 T.ANIYAPPAN, AGED 46 YEARS
S/O THANKAPPAN, DEVASWOMTHARA HOUSE, THURAVOOR PO,
KUTHIYATHODE, CHERTHALA TALUK, ALAPPUZHA DISTRICT.
ADDL.3 T. THAMPI, AGED 39 YEARS
S/O THANKAPPAN, DEVASWOMTHARA HOUSE, THURAVOOR PO,
KUTHIYATHODE, CHERTHALA TALUK, ALAPPUZHA DISTRICT.
ADDL.4 T.KUTTACHAN, AGED 50 YEARS
S/O THANKAPPAN, DEVASWOMTHARA HOUSE, THURAVOOR PO,
KUTHIYATHODE, CHERTHALA TALUK, ALAPPUZHA DISTRICT.
(ADDITIONAL PETITIONERS 2 TO 4 WERE IMPLEADED AS
PER ORDER DATED 05.03.2018 IN I.A.NO.3067/2018)
BY ADVS.
SRI.K.S.BHARATHAN
SMT.S.ANJUSHA
RESPONDENTS:
1 THE ASSISTANT EXECUTIVE ENGINEER,P.H. SUB DIVISION,
CHERTHALA(THURAVOOR SECTION)KERALA WATER AUTHORITY,
ALAPPUZHA, PIN-688001.
2 THE SUPERINTENDING ENGINEER,
KERALA WATER AUTHORITY, ALAPPUZHA, PIN-688001.
3 THE EXECUTIVE ENGINEER, P.H.DIVISION,
KERALA WATER AUTHORITY, ALAPPUZHA-688001.
R1 BY SRI.MILLU DANDAPANI, SC, KERALA WATER
AUTHORITY
SRI.BENJAMIN PAUL, STANDING COUNSEL, KERALA WATER
AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(c).No.33701/2017-K 2
P.V.ASHA, J.
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W.P(c) No.33701 of 2017-K
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Dated this the 9th day of February, 2021
JUDGMENT
The complaint of the petitioner is over various bills issued by the Kerala
Water Authority, the first bill being Ext.P1 which was issued in 2016. There is a
complaint regarding the classification of connection also. It is stated that
originally the petitioner was having a domestic connection which was later
converted as non domestic.
2. The learned Standing Counsel submits that the petitioners would be
free to approach the 3rd respondent, who would consider the complaint of the
petitioners and pass appropriate orders.
3. It is pointed out that the original consumer is no more and as at
present the bills are issued treating the connection as non domestic. The
petitioners also point out that several representations have been submitted before
the respondents. In case the petitioners submit a fresh representation within a
period of two weeks along with a copy of this judgment, the 3 rd respondent shall
consider the complaints of the petitioners after affording one among them an
opportunity of hearing and to take a decision in accordance with law within a
further period of one month. Ext.P8 shall not stand in the way of consideration of
the said representation.
The Writ Petition is disposed of accordingly.
Sd/-
(P.V.ASHA, JUDGE)
rtr/
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE WATER BILL DATED
2.11.2016.
EXHIBIT P2 TRUE COPY OF THE WATER BILL DATED 4.1.2017.
EXHIBIT P3 TRUE COPY OF THE WATER BILL DATED 3.3.2017.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER TO THE 1ST RESPONDENT
DATED 10.3.2017.
EXHIBIT 5 TRUE COPY OF THE WATER BILL DATED 7.7.2017.
EXHIBIT P6 TRUE COPY OF THE WATER BILL DATED 7.9.2017.
EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 13.9.2017
SUBMITTED BY THE PETITIONER TO THE 1ST
RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED
6.10.2017 BEARING NO.REV/CHLA/1088/KUU/2016
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER.
