Prestige Neptunes Courtyad ... vs Cochin Smart Mission Ltd (Csml)
2021 Latest Caselaw 10559 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                       WP(C).No.2997 OF 2021(Y)

PETITIONER:
               PRESTIGE NEPTUNES COURTYAD OWNERS ASSOCIATION
               GHOSREE-CHATHIYATH ROAD, MARINE DRIVE, ERNAKULAM
               VILLAGE, ERNAKULAM NORTH P.O., ERNAKULAM DISTRICT,
               PIN-682018, REPRESENTED BY THE PRESIDENT MR.DAVID
               ITTYCHERIA, AGED 48 YEARS, S/O.(LATE)
               DR.V.I.ITTYCHERIA, FLAT NO.7112, PRESTIGE NEPTUNES
               COURTYARD, MARINE DRIVE, ERNAKULAM VILLAGE, ERNAKULAM
               DISTRICT.
               BY ADV. SRI.K.M.VARGHESE

RESPONDENTS:

      1        COCHIN SMART MISSION LTD (CSML),
               4TH FLOOR, JLN STADIUM, METRO STATION, KALOOR,
               ERNAKULAM, PIN-682017, REPRESENTED BY CHIEF EXECUTIVE
               OFFICER.
      2        THE DISTRICT COLLECTOR,
               ERNAKULAM, CIVIL STATION, KAKKANAD P.O., ERNAKULAM,
               PIN-682030.
      3        THE EXECUTIVE ENGINEER,
               KERALA WATER AUTHORITY, PALLIMUKKU, ERNAKULAM, PIN-
               682016.
      4        THE ASSISTANT EXECUTIVE ENGINEER,
               KERALA WATER AUTHORITY, PALLIMUKKU, ERNAKULAM, PIN-
               682016.
      5        CORPORATION OF KOCHI,
               PARK AVENUE ROAD, ERNAKULAM, PIN-682011, REPRESENTED
               BY THE SECRETARY.
               R1 BY ADV. SRI.K.JAJU BABU (SR.)
               R1 BY ADV. SMT.M.U.VIJAYALAKSHMI
               R3-4 BY SHRI.P.BENJAMIN PAUL, SC, KERALA WATER
               AUTHORITY
               R5 BY ADV. SRI.R.HARISHANKAR
               SRI.K.JANARDHANA SHENOY, SC


               SMT.PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2997 OF 2021(Y)

                                          2




                                    JUDGMENT

Dated this the 29th day of March 2021

The main complaint of the petitioner was that

the water supply to the apartment complex was

stopped in connection with the repair works being

undertaken in the Ghosree - Chathiyath road

during the commencement of the year 2020.

According to them, from April 2020 on wards they

have been resorting to other modes of water

facilities.

2. The petitioner had raised various

complaints against the water authority stating

that they were not taking appropriate action even

after the 1st respondent credited the funds

required for restoration of water supply as per

Ext.P3.

3. After the intervention of the Mayor,

Kochi Corporation, in Ext.R5(b), the proceedings

for restoration of water supply was expedited. WP(C).No.2997 OF 2021(Y)

4. It is submitted that ultimately today the

petitioner has got the water supply restored,

though the petitioner complaints that there is no

sufficient pressure.

5. In this writ petition the petitioner has

claimed refund of the bill amounts paid by the

petitioner from April 2020 onwards till the

restoration of the water supply.

6. The petitioner would be free to approach

the 3rd respondent with a representation for the

same and the 3rd respondent shall take appropriate

action on the representation in accordance with

law as expeditiously as possible.

The writ petition is accordingly disposed of.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.2997 OF 2021(Y)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LETTER SUBMITTED BY PETITIONER TO RESPONDENT NO.4 DATED 23.10.2020.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 18.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT AND OTHERS.

EXHIBIT P3 TRUE COPY OF THE F LETTER DATED 21.01.2021 ADDRESSED TO THE CHIEF ENGINEER, WATER AUTHORITY.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE