Stephen Thomas vs Executive Engineer
2021 Latest Caselaw 23434 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 25TH DAY OF NOVEMBER 2021/4TH AGRAHAYANA, 1943
                  WP(C) NO. 18840 OF 2021
PETITIONER:

         STEPHEN THOMAS,
         AGED 52 YEARS,
         PATTAPATHIYIL HOUSE, THATTARATHATTA.P.O,
         NADUKKANDAM, THODUPUZHA,
         REPRESENTED THROUGH POWER OF ATTORNEY HOLDER
         SATHOSH T.PATTAPATHY,
         PATTAPATHIYIL HOUSE, THATTARATHATTA.P.O,
         KARIMKUNNAM VILLAGE,
         THODUPUZHA TALUK, PIN-685586.

         BY ADV UNNIKRISHNAN.V.ALAPATT

RESPONDENTS:

    1    THE EXECUTIVE ENGINEER,
         KERALA WATER AUTHORITY,
         THODUPUZHA, IDUKKI,
         PIN-685584.

    2    THE ASSISTANT ENGINEER,
         KERALA WATER AUTHORITY,
         THODUPUZHA, IDUKKI,
         PIN-685584.

         BY ADVS.
         SHRI.BIJILY JOSEPH
         SHRI.P.BENJAMIN PAUL, SC, KERALA WATER
         AUTHORITY

     THIS WRIT PETITION (CIVIL) HAVING COME UP             FOR
ADMISSION ON 25.11.2021, THE COURT ON THE SAME             DAY
DELIVERED THE FOLLOWING:
 WP(C) No.18840 of 2021
                               :2 :




                         JUDGMENT

Dated this the 25th day of November, 2021

The petitioner, who claims to be in absolute

possession and ownership of 10.12 Ares of property, states

that he constructed a four storied Building in the property

designed as 14 apartments to be used as residential

premises. All the 14 apartments have been assigned

building numbers by Karinkunnam Grama Panchayath.

2. The petitioner approached the 1 st respondent

seeking to give separate water connection to the newly

numbered apartments. The respondents were not at all

ready to consider the request of the petitioner.

3. The petitioner states that water charges payable

by the petitioner has been increased quickly and the

petitioner had to remit more than Rs.60,000/- for the years

2018 and 2019. In the month of January 2020, the petitioner WP(C) No.18840 of 2021

was directed to file a separate application for each

apartment, for getting independent water connection. The

petitioner submitted separate applications on 03.01.2020.

4. Though pursuant thereto, the 2 nd respondent

conducted inspection in the property, no action has been

taken. The petitioner is forced to remit water charges at

excessive rates. The petitioner hence filed Ext.P4

representation before the Executive Engineer, Kerala Water

Authority, pointing out the excess water charges levied and

requesting to give separate connection to all residential units.

The petitioner seeks to direct the 1 st respondent to provide

separate water connections to the 14 apartments and to

direct the 1st respondent to consider and pass appropriate

orders on Ext.P4 application.

5. The learned Standing Counsel for the respondents

entered appearance and submitted that the petitioner is not

the consumer of the Kerala Water Authority. The petitioner is

agitating the issue of a residential unit originally owned by WP(C) No.18840 of 2021

one Advocate Sri.Salim V.P. Unless the petitioner, takes

necessary steps to make himself the consumer, the petitioner

cannot raise any grievance in this regard. The learned

Standing Counsel further submitted that according to the

Rules and Regulations of the Kerala Water Authority, if there

are more than 10 dwelling units in a Building, only one water

connection can be provided.

6. I have heard the learned counsel for the petitioner

and the learned Standing Counsel representing the

respondents.

7. As pointed out by the learned Standing Counsel,

the petitioner can raise the grievance only if he is a

consumer of the Kerala Water Authority. The petitioner

states that he has purchased the unit from Advocate

Sri.Salim V.P. Therefore, first the petitioner has to make

application to change the Consumer Number in his name. If

the petitioner submits application to change the ownership of

the Consumer No.TDZ/6392/D Domestic (Ext.P2), the WP(C) No.18840 of 2021

respondents shall consider such application, in accordance

with Rules, within a period of two months. Once the

petitioner becomes the consumer of the Kerala Water

Authority, the 1st respondent shall consider Ext.P4

representation, submitted by the petitioner in accordance

with law.

With these directions, the writ petition is disposed

of.

Sd/-

N. NAGARESH JUDGE SR WP(C) No.18840 of 2021

APPENDIX OF WP(C) 18840/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPLICATION DATED 19.06.2020 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF THE BILL DATED 5.8.2020 ISSUED BY THE KERALA WATER AUTHORITY Exhibit P3 TRUE COPY OF THE APPLICATION DATED 12.8.2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 23.23.2021.

Exhibit P5               TRUE COPY OF THE ACKNOWLEDGMENT OF
                         EXHIBIT    P4     APPLICATION    DATED
                         25.3.2021.