Ajayakumar vs State Of Kerala
2021 Latest Caselaw 11414 Ker

W.P(C).No.6714/2021-L                 1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                   THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                         WP(C).No.6714 OF 2021(L)


PETITIONER:

                 AJAYAKUMAR,
                 AGED 60 YEARS,
                 S/O. SIVARAMAN NAIR, RESIDING AT EF 11/114, TC
                 21/2737, JOURNALIST'S FLAT, NCC ROAD, PEROORKKADA,
                 THIRUVANANTHAPURAM, PIN-695 005.

                 BY ADVS.
                 SRI.S.JATHIN DAS
                 SMT.S.SOUMYA ISSAC
                 SRI.T.A.PRAKASH

RESPONDENTS:

        1        STATE OF KERALA
                 REPRESENTED BY ITS SECRETARY, WATER RESOURCES
                 DEPARTMENT, GOVERNMENT SECRETARIAT,
                 THIRUVANANTHAPURAM-695 001.

        2        DISTRICT COLLECTOR,
                 COLLECTORATE, KUDAPPANAKUNNU,
                 THIRUVANANTHAPURAM-695 043.

        3        MANAGING DIRECTOR,
                 KERALA WATER AUTHORITY, JALABHAVAN,
                 VELLAYAMBALAM, THIRUVANANTHAPURAM-695 010.

        4        SECRETARY
                 KERALA STATE HOUSING BOARD, SANTHI NAGAR,
                 THIRUVANANTHAPURAM-695 001.

                 R3 BY ADV. SRI.BIJILY JOSEPH
                 R4 BY ADV. SRI.DENNY DEVASSY
                 SRI.P.BENJAMIN PAUL,SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).No.6714/2021-L                            2




                                          P.V.ASHA, J.
                       -----------------------------------------------------
                                  W.P(c) No.6714 of 2021-L
                        ----------------------------------------------------
                            Dated this the 8th day of April, 2021

                                      JUDGMENT

The Writ Petition is filed seeking the following reliefs:

"i) To issue a writ of mandamus or any other appropriate writ or order or direction commanding the respondents 1 to 4 to provide independent water connection with separate meter to the petitioner's flat bearing No.EF11/114, T.C 21/2737 from the existing main water pipe connected to the sump before the single meter already installed.

ii) To issue a writ in the nature of mandamus or any other writ or order or direction, commanding the 3 rd respondent to act upon Exhibit P6 NOC issued by KSHB and Exhibit P9 report of the Executive Engineer of the 3rd respondent.

iii) To issue a writ in the nature of mandamus or any other writ or order or direction, commanding the respondents to comply the direction of this Hon'ble High Court.

And

iv) To grant such other reliefs and closts as this Hon'ble court may deem fit and proper to grant in the nature and circumstances of this case."

2. I have heard the learned Standing Counsel also, who submits that

Kerala Water Authority has already sanctioned separate water connection to the

petitioner's apartment and it is for the petitioner to take appropriate steps for actual

water supply. It is stated that it is on the basis of fight between the residents in the

apartment complex that the petitioner is not getting the actual water supply on the

basis of the water connection already sanctioned for which the petitioner would

have to seek Police protection.

Therefore, it is upto the petitioner to approach the appropriate authorities for

Police protection in order to avail the benefit of the sanction granted by the Water

Authority as well as the NOC granted by the Housing Board for providing

separate water connection or to resolve the interse dispute among the inhabitants

of the apartment complex.

The Writ Petition is disposed of accordingly.

Sd/- (P.V.ASHA, JUDGE)

rtr/

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF G.O.(MS) NO.29/2014/HOUSING DATED 1.12.2014 ISSUED BY THE GOVERNMENT.

EXHIBIT P2 TRUE COPY OF ORDER DATED 17.12.2018 PASSED BY THE ADDL. MUNSIFF COURT, THIRUVANANTHAPURAM.

EXHIBIT P3 TRUE COPY OF OUTSTANDING BILL AMOUNT ISSUED BY THE KERALA WATER AUTHORITY.

EXHIBIT P4 TRUE COPY OF ORDER DATED 15.2.2019 IN WPC NO.40888/2018 PASSED BY THIS HON'BLE COURT.

EXHIBIT P5 TRUE COPY OF REPORT PREPARED BY THE ASSISTANT COMMISSIONER, DCRB, TRIVANDRUM CITY DATED 17.6.2019.

EXHIBIT P6 TRUE COPY OF NOC ISSUED BY THE KERALA STATE HOUSING BOARD DATED 30.9.2019.

EXHIBIT P7 TRUE COPY OF REPORT DATED 26.5.2020 ISSUED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.

EXHIBIT P8 TRUE COPY OF LETTER DATED 26.5.2020 ISSUED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM TO THE PRIVATE SECRETARY, CHIEF MINISTER OF KERALA.

EXHIBIT P9 TRUE COPY OF REPORT OF THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY DATED 13.1.2021.