IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 19981 OF 2022
PETITIONER:
M/S. ASIAN DEVELOPERS,
BTS ROAD, NEAR CHANGAMPUZHA PARK, EDAPPALLY,
REPRESENTED BY ITS MANAGING PARTNER, SRI.PC JOSE,
S/O. P.T CHUMMAR, AGED 55, RESIDING AT MARINA MAJESTIC
DOOR NO. 4A1, PULIKKOTTIL HOUSE,
MARINE DRIVE, KOCHI - 682018.
BY ADVS.
R.LAKSHMI NARAYAN
R.RANJANIE
RESPONDENTS:
1 THE CORPORATION OF KOCHI,
PARK AVENUE ROAD, MARINE DRIVE, KOCHI - 682011
REP. BY ITS SECRETARY.
2 THE SUPERINTENDING ENGINEER,
LSGD, MUNICIPAL CORPORATION OF KOCHI, ZONAL OFFICE,
EDAPPALLY, SONIA NAGAR, KOCHI- 682024.
3 THE ASSISTANT EXECUTIVE ENGINEER,
MUNICIPAL CORPORATION OF KOCHI, ZONAL OFFICE, EDAPPALLY,
SONIA NAGAR, KOCHI- 682024.
4 THE KERALA WATER AUTHORITY,
WATER WORKS SUB DIVISION, PALLIMUKKU, ERNAKULAM,
KOCHI, REPRESENTED BY ITS EXECUTIVE ENGINEER.
SC: ADV.ARUN ANTONY
ADV.SURY BINOY B-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19981 OF 2022
2
JUDGMENT
Dated this the 24th day of June, 2022 The petitioner, a registered partnership firm, is before this Court seeking to direct respondents 1 and 2 to pass appropriate orders granting permission to the petitioner for road cutting to draw water connection to 'Asian Amaranta Apartment' situated in BTS Road, Edappally North Village, Kanayannur Taluk, Kochi.
2. The petitioner states that the petitioner has constructed a residential complex named 'Asian Amaranta'. After completion of the construction, the petitioner submitted application for water supply. For drawing water connection, Ext.P3 application has been submitted on 04.04.2022, for road cutting. After two and a half months of submitting Ext.P3, now the petitioner has been served with notice dated 14.06.2022 of the 2nd respondent that due to the restrictions imposed owing to the Monsoon period, sanction for road cutting will be WP(C) NO. 19981 OF 2022 3 granted, on remitting the road restoration charges of Rs.28,700/- after lifting the restrictions.
3. The petitioner states that the petitioner has to handover flats to the allottees before 30.06.2022, as per the norms of the Real Estate Regulatory Authority. By Ext.P5 letter dated 02.04.2022, the Assistant Executive Engineer, Municipal Corporation of Kochi addressed the Secretary to the Corporation seeking permission for road cutting for supply of water. Respondents 1 and 2 are not granting requisite permission, contends the petitioner. The denial of water supply to the petitioner's residential complex is creating considerable hardship and loss to the petitioner as well as to the persons who have booked flats in the residential complex.
4. Standing Counsel representing respondents 1 and 2 entered appearance and resisted the writ petition. The Standing Counsel denied all the material allegations made by the petitioner in the writ petition. The Standing Counsel submitted that though an application was received seeking WP(C) NO. 19981 OF 2022 4 permission for road cutting, permission was not granted in view of a general direction given by the District Collector not to permit road cutting during the Monsoon season. Therefore, the petitioner is not entitled to get a permit right now. As and when this Monsoon season is over, requisite permission will be granted.
5. I have heard the learned counsel for the petitioner and the respective Standing Counsel for respondents 1 to 4.
6. The petitioner is a partnership firm and has constructed a residential complex named 'Asian Amaranta Apartment'. The construction is complete and Ext.P7 Certificate of Registration has been issued to the building. It is submitted that unless and until water connection is given, the residential complex cannot be put to use and thereby the petitioner and the persons who have booked flats in the residential complex would be put to untold hardship. The persons who have booked the flats will approach the Kerala Real Estate Authority and the petitioner will be answerable and WP(C) NO. 19981 OF 2022 5 accountable for the delay caused in handing over the completed flats to the owners.
7. In this case, it has to be noted that an application for road cutting permit was forwarded before the 1 st respondent on 04.04.2022 as is evident from Ext.P3 and the petitioner has to handover the flats to the allottees before 30.06.2022 as per the norms of the Real Estate Regulatory Authority.
In the circumstances, the writ petition is disposed of directing respondents 1 and 2 to grant road cutting permit to the Kerala Water Authority in accordance with law, within a period of ten days, on condition that the petitioner deposits an amount of `28,700/- with the 1st respondent. Adjustments, if any, in the amount so deposited will be made by respondents 1 and 2 in accordance with rules.
Sd/-
N.NAGARESH JUDGE spk WP(C) NO. 19981 OF 2022 6 APPENDIX OF WP(C) 19981/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF JOINT VENTURE AGREEMENT, IN THE FORM OF A MEMORANDUM OF UNDERSTANDING DATED 20.8.2016.
Exhibit P2 THE TRUE COPY OF PROCEEDINGS OF 2ND RESPONDENT DTD 5.5.2022.
Exhibit P3 P3 THE TRUE COPY OF THE APPLICATION DATED 4.4.2022 SUBMITTED BEFORE THE 1ST RESPONDENT BY SRI. K.A. IQBAL .
Exhibit P4 THE TRUE COPY OF LETTER DATED 5.4.2022 ISSUED BY MR. PIUS JOSEPH, COUNCILLOR, DIVISION NO. 35 OF THE KOCHI MUNICIPAL CORPORATION TO THE 3RD RESPONDENT .
Exhibit P5 THE TRUE COPY OF LETTER DATED 2.4.2022 ISSUED BY 3RD RESPONDENT TO THE SECRETARY OF THE 1ST RESPONDENT.
Exhibit P6 THE TRUE COPY OF NOTICE DATED 14.6.2022, OF 2ND RESPONDENT.
Exhibit P7 THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE KERALA REAL ESTATE REGULATORY AUTHORITY.
RESPONDENT'S/S EXHIBITS : NIL