IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 18880 OF 2022
PETITIONER
TOMY THOMAS
AGED 63 YEARS
S/O LATE THOMAS, PLATHOTTAM HOUSE, MARADU P.O,
T.V. JUNCTION, ERNAKULAM DISTRICT.
BY ADVS.
SAJAN MANNALI
SANTHI K.PAI
V.N.SHASHIKALA
AADITHYAN S.MANNALI
RESPONDENT/S:
1 MARADU MUNICIPALITY
OFFICE OF MARADU MUNICIPALITY, MARADU P.O.,
MARADU- 682304, REPRESENTED BY ITS SECRETARY,
2 THE SECRETARY,
OFFICE OF MARADU MUNICIPALITY, MARADU P.O.,
MARADU- 682304.
3 THE ASSISTANT ENGINEER,
OFFICE OF MARADU MUNICIPALITY, MARADU P.O.,
MARADU- 682 304.
4 THE KERALA WATER AUTHORITY KWA,
WATER SUPPLY SECTION-2, THRIPUNITHURA, 6583301,
REPRESENTED BY ITS ASSISTANT ENGINEER.
BY ADV RAJAN T R
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No.18880 of 2022 :2:
JUDGMENT
Dated this the 7th day of July, 2022 The petitioner is before this Court seeking to direct respondents 1 and 2 to issue road cutting permit.
2. The petitioner states that after completion of his new residential house, the petitioner applied for drinking water connection from the Kerala Water Authority. The 3 rd respondent denied road cutting permit to the petitioner as per Ext.P4 order stating that road cutting permit cannot be granted to draw waterline since new tiles have been laid on the road hardly six months ago. Only after the defect liability period of the contractor who laid the tiles, any permission for road cutting can be granted. The petitioner challenges Ext.P4.
3. The Standing Counsel entered appearance on behalf of respondents 1 to 3. The Standing Counsel denied W.P(C) No.18880 of 2022 :3: all material allegations made by the petitioner in the writ petition.
4. On behalf of respondents 1 to 3, it is submitted that new tiles have been laid on the road in question and if any road cutting is done at this stage, it may affect the stability of the road. The contractor who undertook the tile paving work is liable to maintain and repair the road during the defect liability period. At the instance of the petitioner, if there is any damage to the road, the contractor may seek exemptions from his liability. It is in such circumstances that Ext.P4 has been issued.
5. I have heard the learned counsel for the petitioner and the respective Standing Counsel representing respondents 1 to 4.
6. The petitioner seeks a road cutting permit to draw water pipeline. Denial of drinking water connection to the petitioner would indeed affect the fundamental right of the petitioner guaranteed under Articles 14 and 16 of the W.P(C) No.18880 of 2022 :4: Constitution of India.
7. In the circumstances, this Court finds hat Ext.P4 cannot be sustained as such. This Court feels that road cutting permit can be granted to the petitioner on conditions.
In the circumstances, the writ petition is disposed of directing respondents 1 to 3 to issue road cutting permit on condition that the petitioner deposits an amount of ₹25,000/- to the Municipality. Adjustment, if any, in respect of the amount so deposited will be made immediately after the defect liability period.
Sd/-
N. NAGARESH, JUDGE smm/08.07.2022 W.P(C) No.18880 of 2022 :5: APPENDIX OF WP(C) 18880/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE OCCUPANCY CERTIFICATE BEARING NO E2-BA-111/2021 DATED 19.02.2022.
Exhibit P2 A TRUE COPY OF THE TAX RECEIPT YEAR 2021 TO 2022 FOR BUILDING BEARING NO 22/66-A DATED 19.03.2022.
Exhibit P3 A TRUE COPY OF THE LETTER BEARING NO TRC/1710/2022 DATED 12/4/2022 OF THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, OF THRIPPUNITHURA TO THE MARADU MUNICIPALITY Exhibit P4 A TRUE COPY OF THE LETTER BEARING NO E/3/4881/22 DATED 26/05/2022, OF THE ASSISTANT ENGINEER, MARADU MUNICIPALITY.