Kerala High Court
Kerala Water Authority Licenced ... vs State Of Kerala on 24 November, 2021
WP(C) No.18399/2020 1/7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
Wednesday, the 24th day of November 2021 / 3rd Agrahayana, 1943
WP(C) NO. 18399 OF 2020
PETITIONERS:
1. KERALA WATER AUTHORITY LICENCED PLUMBERS UNION (CITU), STATE
COMMITTEE, KAIRALI BUILDING, NALANCHIRA JUNCTION, NALANCHIRA P.O.,
THIRUVANANTHAPURAM - 695 013, REPRESENTED BY ITS GENERAL SECRETARY,
C.JUSTIN, S/O.LATE P.J.CHRISTOPHER, AGED 58 YEARS, LICENCED KERALA
WATER AUTHORITY PLUMBER (PLUMBERS LICENCE NO.11/1986), PROPRIETOR,
SHEEJU PLUMBING AND SANITARY ENGINEERING WORKS, MANAMMOOLA JUNCTION,
PERURKADA P.O., THIRUVANANTHAPURAM - 695005.
2. C.JUSTIN, S/O.LATE P.J.CHRISTOPHER, AGED 58 YEARS, LICENCED KERALA
WATER AUTHORITY PLUMBER (PLUMBERS LICENCE NO.11/1986), PROPRIETOR,
SHEEJU PLUMBING AND SANITARY ENGINEERING WORKS, MANAMMOOLA JUNCTION,
PERURKADA P.O., THIRUVANANTHAPURAM - 695 005.
3. T.R.MANOHARAN, S/O.LATE RAGHAVAN, AGED 66 YEARS, LICENCED KERALA
WATER AUTHORITY PLUMBER (PLUMBERS LICENCE NO.26/1988), RESIDING AT
THUNDATHIL HOUSE, SILPASALA ROAD, THYKKUDOM, VYTTILA P.O., KOCHI -
682 019.
4. PRAVEEN KUMAR E.C., S/O.E.S.CHAKRAPANI, AGED 42 YEARS, LICENCED
KERALA WATER AUTHORITY PLUMBER (PLUMBERS LICENCE NO.07/2001),
RESIDING AT ELAVUMKAL THOTTIYIL, HOUSE NO.23/2635, PALLURUTHY P.O.,
KOCHI - 682006.
5. HAMEED SHAH K.M., S/O.LATE MEETHIAN, AGED 56 YEARS, LICENCED KERALA
WATER AUTHORITY PLUMBER (PLUMBERS LICENCE NO.22/1997), RESIDING AT
KALARIPARAMBIL, PANAYIKULAM P.O., NORTH PARAVUR, PIN - 683 511.
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
TRIVANDRUM, PIN - 695001.
2. KERALA WATER AUTHORITY JALA BHAVAN, VELLAYAMABLAM, TRIVANDRUM - 695
001 REPRESENTED BY ITS MANAGING DIRECTOR.
3. THE EXECUTIVE ENGINEER, WATER SUPPLY DIVISION, ATTINGAL,
THIRUVANANTHAPURAM, PIN - 695 101
4. THE EXECUTIVE ENGINEER, WATER SUPPLY DIVISION, NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695 121.
5. THE EXECUTIVE ENGINEER, HEAD WORKS DIVISION, ARUVIKKARA,
NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695 564.
6. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PH CIRCLE,
MUVATTUPUZHA, PIN - 686 661.
7. EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PH DIVISION,
MUVATTUPUZHA, PIN - 686 661.
8. EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PH DIVISION, ALUVA, PIN
- 683 101.
9. EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, W S DIVISION, KOCHI, PIN
- 682 018.
WP(C) No.18399/2020 2/7
10. EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PH DIVISION, KOCHI, PIN
- 682016.
11. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PH CIRCLE, KOCHI,
PIN - 682 011.
12. ASST. EXECUTIVE ENGINEER KERALA WATER AUTHORITY, PH SUB DIVISION,
ALATHUR, PALAKKAD, PIN - 678 541.
13. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PH CIRCLE,
PALAKKAD, KALMANDAPAM, PALAKKAD, PIN - 678 001.
14. EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PH DIVISION, PALAKKAD,
KALMANDAPAM, PALAKKAD, PIN - 678 001.
15. EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PH DIVISION, SHORANUR,
PALAKKAD, PIN - 679 121.
16. EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, WATER SUPPLY DIVISION,
KANNUR, PIN -670 101.
17. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PH CIRCLE,
ALAPPUZHA, PIN - 688 001.
18. PROJECT MANAGER, KERALA WATER AUTHORITY, PROJECT DIVISION,
ALAPPUZHA, PIN - 688 001.
19. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH
DIVISION, IRINJALAKUDA, THRISSUR, PIN - 680 121.
20. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH
DIVISION, CHEMBUKAVU, THRISSUR, PIN - 680 020.
21. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH
DIVISION, KOLLAM, PIN - 691 001.
22. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH
DIVISION, KOTTARAKKARA, KOLLAM, PIN - 691 531.
23. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH
CIRCLE, KOLLAM, PIN - 691 001.
24. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH
DIVISION, PATHANAMTHITTA, PIN - 689 645.
25. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH
DIVISION, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689 001.
26. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PROJECT DIVISION,
ADOOR, PATHANAMTHITTA DISTRICT, PIN - 691 523.
27. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H.CIRCLE,
KOTTAYAM, PIN - 686 001.
28. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H.DIVISION,
KOTTAYAM, PIN - 686 001.
29. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H.DIVISION,
KADUTHURUTHY, PIN - 686 604.
30. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H.CIRCLE,
MALAPPURAM, PIN - 676 505.
31. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H.DIVISION,
MALAPPURAM, PIN - 676 505.
32. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H.DIVISION, SULTAN
BATHERY, KOZHIKODE DISTRICT, PIN - 673 539.
33. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H.DIVISION,
VATAKARA, KOZHIKODE DISTRICT, PIN - 673 101.
34. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H.DIVISION,
KOZHIKODE, KOZHIKODE DISTRICT, PIN - 673 001.
WP(C) No.18399/2020 3/7
35. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H.CIRCLE,
KOZHIKODE, PIN - 673 009.
36. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H.DIVISION,
KASARAGOD DISTRICT, PIN - 671 121.
37. THE LOCAL SELF GOVERNMENT DEPARTMENT, STATE OF KERALA, SECRETARIATE,
TRIVANDRUM, PIN - 695 001 REPRESENTED BY ITS SECRETARY.
38. UNION OF INDIA, DEPARTMENT OF DRINKING WATER AND SANITATION,
MINISTRY OF JAL SHAKTI, C WING, 4TH FLOOR, PANDIT DEENDAYAL
ANTYODAYA BHAWAN, CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 003,
REPRESENTED BY ITS SECRETARY.
39. ADDL.R39. MOHANAN V. AGED 48, S/O.P.V. GOVINDHAN, RESIDING AT JISHNU
NIVAS, MATTANNOOR, MATTANNOOR.P.O., IRITTY VILLAGE, PAZHASSI,
PIN-670702, KANNUR.
40. ADDL.R40. M.ABOOBACKER, AGED 46, S/O. MUHAMMAD KUNJ, RESIDING AT
CHAMBALAM HOUSE, CHAMBALAM.P.O., CHENGALA, PIN-671541, KASARGODU.
41. ADDL.R41. P.NAGARETHNAN, AGED 50, S/O. KANDANKKUTTY, RESIDING AT
SOUPARNIKA HOUSE, VALAYANAD VILLAGE,MANKAVU.P.O., PIN-673007,
KOZHIKKODU.
42. ADDL.R42. SUNNY.P.J., AGED 60, S/O. JOSEPH, RESIDING AT PANAKKAL
HOUSE, AANDDOOR, THOMMATTUCHAL VILLAGE, VADUVANCHAL P.O.
SULTHANBETHERY, PIN-673581, VAYANAD.
43. ADDL.R43. K.SURESH, AGED 47, S/O. MADHAVAN NAIR, RESIDING AT
NANDHANAM HOUSE, VELLILA.P.O., PIN-679324, MANGADA VILLAGE,
PERINTHALMANNA TALUK, MALAPPURAM DISTRICT.
44. ADDL.R44. JAYAPRASAD.C. AGED 40, S/O. CHELLAPPAN. V, RESIDING AT
SOUHRUDHA BHAVANAM, KARTHIKAPALLY TALUK, CHERUTHANA VILLAGE,
AYAPARAMPU.P.O., PIN-690517, ALAPPUZHA DISTRICT.
45. ADDL.R45. V.N. LAL SANKAR , AGED 65 YEARS, S/O.V.S. NANU, RESIDING
AT VELLIKUNNIL HOUSE, CHITTAR.P.O., PIN-689663, PATHANAMTHITTA
DISTRICT.
46. ADDL.R46. SANTHOSH VARGHESE, AGED 48, S/O. M.I. VARGHESE, RESIDING
AT MEEHATHETHIL, CHEPPAD.P.O., CHEPPAD, PIN-690507, KARTHIKAPALLY,
ALAPPUZHA.
47. ADDL.R47. MATHEW KUNJU MATHEW, AGED 65, S/O. MATHEW, RESIDING AT
PADINJARE PARAMBIL HOUSE, THOTTACKADU VILLAGE, THOTTACKADU.P.O.,
CHANGANASSERY TALUK, PIN-686539, KOTTAYAM DISTRICT. [ADDITIONAL
RESPONDENTS 39 TO 47 ARE IMPLEADED AS PER ORDER DATED 18/1/2021 IN
I.A.1/2020 IN WP(C) 18399/2020.]
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings pursuant to Ext.P-15 to P-186
tenders and notifications in so far as they pertain to "providing
Functional Household Tap Connections (FHTC)" - also referred to in certain
tenders therein as "household retrofittable/extendable water service
connections," till the final disposal of this writ petition and may be
pleased to pass orders accordingly.
This petition again coming on for orders upon perusing the petition
WP(C) No.18399/2020 4/7
and the affidavit filed in support of WP(C) and this Court's order dated
08.09.2020 and upon hearing the arguments of M/S.M.P.RAMNATH, P.RAJESH
KOTTAKKAL, M.VARGHESE VARGHESE, S.SANDHYA, BEPIN PAUL, SHALU VARGHESE,
S.DEEPAK, ANTONY THARIAN & ARJUN S., Advocates for the petitioners,
SRI.P.BENJAMIN PAUL, STANDING COUNSEL for R2 to R36 and of STANDING
COUNSEL for R38, the court passed the following:
WP(C) No.18399/2020 5/7
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C). Nos.18399 & 18234 of 2020
----------------------------------------------
Dated this the 24th day of November, 2021
ORDER
In these two writ petitions, interim orders are passed by
this Court. It will be better to extract the order dated 04.09.2020
in W.P.(C).No.18234 of 2020:
"Admit.
The learned Standing Counsel seeks time to place a
counter affidavit on record.
Post on 14.09.2020.
In the meanwhile, the proceedings in Exhibits P1 to P36
tenders in so far as they pertain to providing functional
household tap connections, shall be carried on as
provided in Ext.P39 judgment, if the same has not been
varied."
2. The counsel for the petitioners submitted that the
above order is flouted by the officers of the respondents. Ext.P39
is a judgment passed by this Court and the directions in that
judgment is clear. Admittedly Ext.P39 judgment became final.
The main grievance of the petitioners is that the above judgment
and the interim order passed by this Court are flouted by the
respondents.
3. The Managing Director of the Kerala Water Authority
WP(C) No.18399/2020 6/7
W.P.(C).No.18399 & 18234 of 2020
will file an affidavit about the allegation of the petitioners that
the spirit of Ext.P39 judgment and the interim order are
flouted by the respondents. The affidavit should be placed on
record within two weeks.
Post on 14.12.2021.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
24-11-2021 /True Copy/ Assistant Registrar
WP(C) No.18399/2020 7/7
