Tomy Thomas vs Maradu Municipality
2022 Latest Caselaw 8890 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                       WP(C) NO. 18880 OF 2022
PETITIONER

               TOMY THOMAS
               AGED 63 YEARS
               S/O LATE THOMAS, PLATHOTTAM HOUSE, MARADU P.O,
               T.V. JUNCTION, ERNAKULAM DISTRICT.
               BY ADVS.
               SAJAN MANNALI
               SANTHI K.PAI
               V.N.SHASHIKALA
               AADITHYAN S.MANNALI


RESPONDENT/S:

    1          MARADU MUNICIPALITY
               OFFICE OF MARADU MUNICIPALITY, MARADU P.O.,
               MARADU- 682304, REPRESENTED BY ITS SECRETARY,
    2          THE SECRETARY,
               OFFICE OF MARADU MUNICIPALITY, MARADU P.O.,
               MARADU- 682304.
    3          THE ASSISTANT ENGINEER,
               OFFICE OF MARADU MUNICIPALITY, MARADU P.O.,
               MARADU- 682 304.
    4          THE KERALA WATER AUTHORITY KWA,
               WATER SUPPLY SECTION-2, THRIPUNITHURA, 6583301,
               REPRESENTED BY ITS ASSISTANT ENGINEER.
               BY ADV RAJAN T R


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION       ON   07.07.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) No.18880 of 2022         :2:




                          JUDGMENT

Dated this the 7th day of July, 2022

The petitioner is before this Court seeking to direct

respondents 1 and 2 to issue road cutting permit.

2. The petitioner states that after completion of his new

residential house, the petitioner applied for drinking water

connection from the Kerala Water Authority. The 3 rd

respondent denied road cutting permit to the petitioner as per

Ext.P4 order stating that road cutting permit cannot be

granted to draw waterline since new tiles have been laid on

the road hardly six months ago. Only after the defect liability

period of the contractor who laid the tiles, any permission for

road cutting can be granted. The petitioner challenges

Ext.P4.

3. The Standing Counsel entered appearance on

behalf of respondents 1 to 3. The Standing Counsel denied

all material allegations made by the petitioner in the writ

petition.

4. On behalf of respondents 1 to 3, it is submitted that

new tiles have been laid on the road in question and if any

road cutting is done at this stage, it may affect the stability of

the road. The contractor who undertook the tile paving work

is liable to maintain and repair the road during the defect

liability period. At the instance of the petitioner, if there is any

damage to the road, the contractor may seek exemptions

from his liability. It is in such circumstances that Ext.P4 has

been issued.

5. I have heard the learned counsel for the petitioner

and the respective Standing Counsel representing

respondents 1 to 4.

6. The petitioner seeks a road cutting permit to draw

water pipeline. Denial of drinking water connection to the

petitioner would indeed affect the fundamental right of the

petitioner guaranteed under Articles 14 and 16 of the

Constitution of India.

7. In the circumstances, this Court finds hat Ext.P4

cannot be sustained as such. This Court feels that road

cutting permit can be granted to the petitioner on conditions.

In the circumstances, the writ petition is disposed of

directing respondents 1 to 3 to issue road cutting permit on

condition that the petitioner deposits an amount of ₹25,000/-

to the Municipality. Adjustment, if any, in respect of the

amount so deposited will be made immediately after the

defect liability period.

Sd/-

N. NAGARESH, JUDGE smm/08.07.2022

APPENDIX OF WP(C) 18880/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE OCCUPANCY CERTIFICATE BEARING NO E2-BA-111/2021 DATED 19.02.2022.

Exhibit P2 A TRUE COPY OF THE TAX RECEIPT YEAR 2021 TO 2022 FOR BUILDING BEARING NO 22/66-A DATED 19.03.2022.

Exhibit P3 A TRUE COPY OF THE LETTER BEARING NO TRC/1710/2022 DATED 12/4/2022 OF THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, OF THRIPPUNITHURA TO THE MARADU MUNICIPALITY Exhibit P4 A TRUE COPY OF THE LETTER BEARING NO E/3/4881/22 DATED 26/05/2022, OF THE ASSISTANT ENGINEER, MARADU MUNICIPALITY.