Riverside Condominium Owners ... vs Kerala Water Authority
2021 Latest Caselaw 16628 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
     WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                         WP(C) NO. 16114 OF 2021


PETITIONER:

              RIVERSIDE CONDOMINIUM OWNERS WELFARE ASSOCIATION
              (RSCOWA),
              REGISTRATION NO. EKM/TC/557/2018,
              1013/F, DLF RIVERSIDE - VYTILLA,
              LANE NO.44, JANATHA ROAD,
              POONITHURA VILLAGE, ERNAKULAM - 682 019,
              REPRESENTED BY ITS SECRETARY,
              K.SIVAPRASAD, AGED 70 YEARS,
              S/O.LATE KARUNAKARAN,
              RESIDING AT BHAGYA KARUNA,
              SILVER SAND ISLAND,
              VYTILLA POST, ERNAKULAM - 682 019.

              BY ADVS.
              AJIT G ANJARLEKAR
              G.P.SHINOD
              GOVIND PADMANAABHAN
              ATUL MATHEWS


RESPONDENTS:

     1        KERALA WATER AUTHORITY,
              REPRESENTED BY ITS MANAGING DIRECTOR,
              JALA BHAVAN, THIRUVANANTHAPURAM,
              PIN - 695 033.

     2        THE SUPERINTENDING ENGINEER,
              PUBLIC HEALTH CIRCLE,
              KERALA WATER AUTHORITY,
              KOCHI, PIN - 682 011.

     3        THE EXECUTIVE ENGINEER,
              OFFICE OF THE EXECUTIVE ENGINEER,
              P.H. DIVISION,
              KERALA WATER AUTHORITY,
 WP(C) NO. 16114 OF 2021
                                2



          PALLIMUKKU, KOCHI, PIN-682 016.

    4     THE ASSISTANT EXECUTIVE ENGINEER,
          KERALA WATER AUTHORITY,
          WATER SUPPLY SUB DIVISION,
          VYTILLA, ERNAKULAM DISTRICT - 682 019.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16114 OF 2021
                                    3



                             JUDGMENT

The writ petition has been filed praying for a

direction to the 1st respondent to consider and dispose

of Ext.P17 representation on merits, within a time frame.

Ext.P17 is regarding water supply to the apartment

complex named DLF Riverside, Vytilla.

2. The learned standing counsel for the 1st

respondent submits that Ext.P17 application has to be

considered by the 2nd respondent and the direction may be

issued to the 2nd respondent.

In the light of the limited prayer made in the writ

petition, the writ petition is disposed of directing the

2nd respondent to consider and pass orders on Ext.P17

representation on merits, at the earliest, at any rate,

within a period of two months from the date of receipt of

a copy of this judgment.

Sd/-

T.R.RAVI JUDGE Pn WP(C) NO. 16114 OF 2021

APPENDIX OF WP(C) 16114/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE LETTER DATED 24.09.2009 ISSUED BY THE EXECUTIVE ENGINEER, VIDE NO. DB4. 2271/09.

Exhibit P2 A TRUE COPY OF THE LETTER DATED 18.02.2012 ISSUED BY THE EXECUTIVE ENGINEER, VIDE NO. DB4. 2271/09.

Exhibit P3 A TRUE COPY OF THE LETTER DATED 12.03.2012 ISSUED TO THE EXECUTIVE ENGINEER, ALONG WITH A COPY OF THE DEMAND DRAFT AND BANKERS CHEQUE.

Exhibit P4 A TRUE COPY OF THE ORDER DATED 25.03.2013 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER OF CORPORATION OF COCHIN (EAST ZONAL OFFICE) VIDE KRE 2-1602/12.

Exhibit P5 A TRUE COPY OF THE RECEIPT DATED 07.03.2013 ISSUED BY THE COUNCIL SECRETARY OF CORPORATION OF COCHIN.

Exhibit P6 A TRUE COPY OF THE LETTER DATED 23.05.2014 ISSUED TO THE ASSISTANT EXECUTIVE ENGINEER.

Exhibit P7 A TRUE COPY OF THE LETTER DATED 28.12.2018 SUBMITTED BEFORE THE ASSISTANT ENGINEER, KWA.

Exhibit P8 A TRUE COPY OF THE LETTER DATED 27.03.2019 SUBMITTED BEFORE THE ASSISTANT ENGINEER, KWA.

Exhibit P9 A TRUE COPY OF THE FINAL BILL DATED 23.11.2019.

WP(C) NO. 16114 OF 2021

Exhibit P10 A TRUE COPY OF THE FINAL BILL DATED 12.02.2020.

Exhibit P11 A TRUE COPY OF THE APPLICATION DATED 29.03.2021 PREFERRED UNDER THE RIGHT TO INFORMATION ACT, 2005.

Exhibit P12 A TRUE COPY OF THE INFORMATION DATED 21.04.2021 PROVIDED UNDER THE RIGHT TO INFORMATION ACT, 2005.

Exhibit P13 A TRUE COPY OF THE CONSOLIDATED DETAILS WITH REGARD TO THE QUANTITY AND AMOUNTS PAID TO THE 1ST RESPONDENT FOR THE PERIOD FROM 15.02.2020 TO 22.04.2021.

Exhibit P14 A TRUE COPY OF THE DEMAND AND DISCONNECTION NOTICE DATED 22.04.2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P15 A TRUE COPY OF THE CONSOLIDATED TANKER WATER CONSUMPTION CHARGES FROM 01.02.2020 TO 31.05.2021.

Exhibit P16 A TRUE COPY OF THE TAX INVOICE DATED 29.02.2020 ISSUED BY PPK WATER SUPPLY, KAKKANAD WEST.

Exhibit P16A A TRUE COPY OF THE TAX INVOICE DATED 29.03.2020 ISSUED BY PPK WATER SUPPLY, KAKKANAD WEST.

Exhibit P16B A TRUE COPY OF THE TAX INVOICE DATED 30.06.2020 ISSUED BY PPK WATER SUPPLY, KAKKANAD WEST.

Exhibit P16C A TRUE COPY OF THE TAX INVOICE DATED 31.07.2020 ISSUED BY PPK WATER SUPPLY, KAKKANAD WEST.

WP(C) NO. 16114 OF 2021

Exhibit P16D A TRUE COPY OF THE TAX INVOICE DATED 30.11.2020 ISSUED BY PPK WATER SUPPLY, KAKKANAD WEST.

Exhibit P16E A TRUE COPY OF THE TAX INVOICE DATED 31.12.2020 ISSUED BY PPK WATER SUPPLY, KAKKANAD WEST.

Exhibit P16F A TRUE COPY OF THE TAX INVOICE DATED 30.01.2021 ISSUED BY PPK WATER SUPPLY, KAKKANAD WEST.

Exhibit P16G A TRUE COPY OF THE TAX INVOICE DATED 28.02.2021 ISSUED BY PPK WATER SUPPLY, KAKKANAD WEST.

Exhibit P16H A TRUE COPY OF THE TAX INVOICE DATED 31.03.2021 ISSUED BY PPK WATER SUPPLY, KAKKANAD WEST.

Exhibit P16I A TRUE COPY OF THE TAX INVOICE DATED 30.04.2021 ISSUED BY PPK WATER SUPPLY, KAKKANAD WEST.

Exhibit P17 A TRUE COPY OF THE REPRESENTATION DATED 24.03.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.