Citation : 2022 Latest Caselaw 4447 Ker
Judgement Date : 12 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 12TH DAY OF APRIL 2022 / 22ND CHAITHRA, 1944
WP(C) NO. 8531 OF 2022
PETITIONER:
1 CYRIAC GEORGE
AGED 62 YEARS
S/O. T.K.GEORGE, RESIDING AT S-4., TOWN HOUSE
APARTMENT, ANSALS RIVERDALE, SECRETARY, TOWN HOUSE
APARTMENT OWNERS ASSOCIATION, (REGISTRATION
NO.EKM/TC/252/2021) ANSALS REVERDALE , ELOOR-682 306
2 SHOBHY.T.PAUL,
AGED 49 YEARS
S/O. T.V.PAULOSE, RESIDING AT 3C, GARDEN VIEW
APARTMENT, ANSALS RIVERDALE COLONY, PRESIDENT, GARDEN
VIEW APARTMENT OWNERS ASSOCIATION, (REG
NO.EKM/TC/719/2012)
ANSLAS RIVERDALE, EROOR
3 THOMAS ANTONY,
AGED 68 YEARS
S/O. ANTONY THOMAS, RESIDING AT F B4,
RIVERDALE TOWN HOUSE VILLAMENT, ANSALS RIVERDALE,
PRESIDENT, RIVERDALE TOWN HOUSE VILLAMENT OWNERS
ASSOCIATION, (REG NO.EKM.TC/126/.2014) RIVERDALE,
EROOR, ERNAKULAM DISTRICT - 682 306
BY ADV P.V.MOHANAN
RESPONDENTS:
1 THE MANAGING DIRECTOR
KERALA WATER AUTHORITY, JALABHAVAN,
THIRUVANANTHAPURAM-695 033
2 THE EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY, OFFICE OF THE EXECUTIVE
ENGINEER, WATER SUPPLY DIVISION, KERALA WATER
AUTHORITY,
ERNAKULAM-682 021
3 ASSISTANT EXECUTIVE ENGINEER,
KWA, KWA WATER SUPPLY SUB DIVISION OFFICE,
THRIPUNITHURA -682 021
WP(C) NO. 8531 OF 2022
2
BY ADV V.V.JOSHI
SRI.P.BENJAMIN PAUL-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.04.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 8531 OF 2022
3
JUDGMENT
The petitioners are occupants of apartments at Ansals
Riverdale Colony, Vennala which has 55 apartments in 3
complexes. The grievance of the petitioner is the despite remitting
full fee and expenses for drawing water pipes to the flats owned by
the petitioners, the Water Authority has abruptly stopped the work
to provide water connection to 55 families of the apartments.
2. The learned standing counsel for the Water Authority
upon instructions submits that the only impediment in continuing
the work of drawing the line is the opposition from the people of the
locality.
3. Since the petitioners have paid the necessary expenses
for providing water connection, I feel it is the duty of respondents 1
to 3 to provide them water connection without any delay. Learned
Standing Counsel for the Water Authority submitted that one
month's time more is required to complete the work of providing
water connection to the petitioners and it is only due to the
obstruction from the public that the said work could not be WP(C) NO. 8531 OF 2022
completed. If there is any obstruction from any quarters, it is for
the respondents to seek adequate police protection and complete the
work.
Therefore, the writ petition is disposed of with a direction to
the respondents to complete the work and provide water connection
to the petitioners and occupants of 55 apartments in three
complexes namely, Town House Apartment, Garden View
Apartment and Riverdale Town House Villament Apartment at
Ansals Riverdale Colony at Eroor at the earliest at any rate, within
a period of one month from the date of receipt of a copy of this
judgment.
With the above direction, this writ petition stands disposed of.
Sd/-
VIJU ABRAHAM JUDGE SCS WP(C) NO. 8531 OF 2022
APPENDIX OF WP(C) 8531/2022
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LISTS OF OCCUPANTS AT 3 APARTMENTS Exhibit P2 TRUE COPY OF THE ORDER NO.52/DB1/2021 /WSD-KHIB DATED 5.10.2021 Exhibit P3 TRUE COPY OF THE ORDER NO.ROX/10744/10667 DATED 27.10.2021 Exhibit P4 TRUE COPY OF THE ORDER NO.52/DB1/2021/WSD-KHIB DATED 29.11.2021 Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 22.2.2022
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