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High Court of KeralaWP(C)/39747/2015disposed of

Muhammed Faizal v. State Of Kerala

2015-12-23Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 WP(C).No. 39747 of 2015 (P) ---------------------------- PETITIONER :

---------------------- MUHAMMED FAIZAL AGED 46 YEARS, S/O.LATE MR. ABDUL KADAR K.M., RESIDING AT KAKKAT, EDAPPALLY NORTH VILLAGE KANAYANNUR TALUK, ERNAKULAM DISTRICT.

BY ADVS.SRI.C.A.MAJEED SRI.K.H.ASIF SMT.RAAGA R.RAMALAKSHMI SRI.K.J.SHARATH KUMAR RESPONDENT(S) :

---------------------------- 1.

STATE OF KERALA REPRESENTED BY SPECIAL SECRETARY WATER RESOURCES DEPARTMENT THIRUVANANTHAPURAM - 695 001.

2.

DEPUTY TAHSILDAR REVENUE RECOVERY MANNAYANNUR TALUK ERNAKULAM - 682 011.

3.

ASSISTANT EXECUTIVE ENGINEER KERALA WATER AUTHORITY WATER WORKS SUB DIVISION KALOOR, KOCHI - 682 017.

4.

KERALA WATER AUTHORITY KALOOR, KOCHI - 682 017 REPRESENTED BY MANAGING DIRECTOR.

R1 TO R3 BY GOVT. PLEADER SRI. R. RANJITH R4 BY ADV. SRI.GEORGE MATHEW, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 39747 of 2015 (P) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : PHOTOCOPY OF THE BILL NO. 10448835 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER'S LATE FATHER DATED 25/11/2014. EXT.P2 PHOTOCOPY OF THE BILL NO. 13757155 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER'S LATE FATHER DATED 28/07/2015. EXT.P3 PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P4 A PHOTOCOPY OF THE REVENUE RECOVERY NOTICE BEARING NO. E7-5781/2015/WC ISSUED BY THE 3RD RESPONDENT DATED 31/10/2015.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn

A.K.JAYASANKARAN NAMBIAR, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.39747 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of December 2015

JUDGMENT

Aggrieved by Ext.P2 bill issued to the petitioner, the petitioner has preferred Ext.P3 complaint before the 3rd respondent and the limited prayer of the petitioner in the writ petition is for a direction to the 3rd respondent to consider and pass orders on Ext.P3 complaint expeditiously, after hearing the petitioner.

2. I have heard the learned counsel for the petitioner and also the learned standing counsel for the respondents.

3. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I dispose the writ petition with the following directions:

i) The 3rd respondent shall consider and pass orders on Ext.P3 complaint, within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner.

ii) Recovery steps for recovery of amounts confirmed against petitioner by Ext.P4 notice

W.P.(c).No.39748 of 2015 : 2 :

shall be kept in abeyance till orders are passed by the 3rd respondent as directed above and communicated to the petitioner.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE sm/