Kerala High Court
M/S. Asian Developers vs The Corporation Of Kochi on 24 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 19981 OF 2022
PETITIONER:
M/S. ASIAN DEVELOPERS,
BTS ROAD, NEAR CHANGAMPUZHA PARK, EDAPPALLY,
REPRESENTED BY ITS MANAGING PARTNER, SRI.PC JOSE,
S/O. P.T CHUMMAR, AGED 55, RESIDING AT MARINA MAJESTIC
DOOR NO. 4A1, PULIKKOTTIL HOUSE,
MARINE DRIVE, KOCHI - 682018.
BY ADVS.
R.LAKSHMI NARAYAN
R.RANJANIE
RESPONDENTS:
1 THE CORPORATION OF KOCHI,
PARK AVENUE ROAD, MARINE DRIVE, KOCHI - 682011
REP. BY ITS SECRETARY.
2 THE SUPERINTENDING ENGINEER,
LSGD, MUNICIPAL CORPORATION OF KOCHI, ZONAL OFFICE,
EDAPPALLY, SONIA NAGAR, KOCHI- 682024.
3 THE ASSISTANT EXECUTIVE ENGINEER,
MUNICIPAL CORPORATION OF KOCHI, ZONAL OFFICE, EDAPPALLY,
SONIA NAGAR, KOCHI- 682024.
4 THE KERALA WATER AUTHORITY,
WATER WORKS SUB DIVISION, PALLIMUKKU, ERNAKULAM,
KOCHI, REPRESENTED BY ITS EXECUTIVE ENGINEER.
SC: ADV.ARUN ANTONY
ADV.SURY BINOY B-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19981 OF 2022
2
JUDGMENT
Dated this the 24th day of June, 2022
The petitioner, a registered partnership firm, is before
this Court seeking to direct respondents 1 and 2 to pass
appropriate orders granting permission to the petitioner for
road cutting to draw water connection to 'Asian Amaranta
Apartment' situated in BTS Road, Edappally North Village,
Kanayannur Taluk, Kochi.
2. The petitioner states that the petitioner has
constructed a residential complex named 'Asian Amaranta'.
After completion of the construction, the petitioner submitted
application for water supply. For drawing water connection,
Ext.P3 application has been submitted on 04.04.2022, for road
cutting. After two and a half months of submitting Ext.P3, now
the petitioner has been served with notice dated 14.06.2022 of
the 2nd respondent that due to the restrictions imposed owing
to the Monsoon period, sanction for road cutting will be
WP(C) NO. 19981 OF 2022
granted, on remitting the road restoration charges of
Rs.28,700/- after lifting the restrictions.
3. The petitioner states that the petitioner has to
handover flats to the allottees before 30.06.2022, as per the
norms of the Real Estate Regulatory Authority. By Ext.P5
letter dated 02.04.2022, the Assistant Executive Engineer,
Municipal Corporation of Kochi addressed the Secretary to the
Corporation seeking permission for road cutting for supply of
water. Respondents 1 and 2 are not granting requisite
permission, contends the petitioner. The denial of water
supply to the petitioner's residential complex is creating
considerable hardship and loss to the petitioner as well as to
the persons who have booked flats in the residential complex.
4. Standing Counsel representing respondents 1 and
2 entered appearance and resisted the writ petition. The
Standing Counsel denied all the material allegations made by
the petitioner in the writ petition. The Standing Counsel
submitted that though an application was received seeking
WP(C) NO. 19981 OF 2022
permission for road cutting, permission was not granted in
view of a general direction given by the District Collector not to
permit road cutting during the Monsoon season. Therefore,
the petitioner is not entitled to get a permit right now. As and
when this Monsoon season is over, requisite permission will
be granted.
5. I have heard the learned counsel for the petitioner
and the respective Standing Counsel for respondents 1 to 4.
6. The petitioner is a partnership firm and has
constructed a residential complex named 'Asian Amaranta
Apartment'. The construction is complete and Ext.P7
Certificate of Registration has been issued to the building. It is
submitted that unless and until water connection is given, the
residential complex cannot be put to use and thereby the
petitioner and the persons who have booked flats in the
residential complex would be put to untold hardship. The
persons who have booked the flats will approach the Kerala
Real Estate Authority and the petitioner will be answerable and
WP(C) NO. 19981 OF 2022
accountable for the delay caused in handing over the
completed flats to the owners.
7. In this case, it has to be noted that an application
for road cutting permit was forwarded before the 1 st
respondent on 04.04.2022 as is evident from Ext.P3 and the
petitioner has to handover the flats to the allottees before
30.06.2022 as per the norms of the Real Estate Regulatory
Authority.
In the circumstances, the writ petition is disposed of
directing respondents 1 and 2 to grant road cutting permit to
the Kerala Water Authority in accordance with law, within a
period of ten days, on condition that the petitioner deposits an
amount of `28,700/- with the 1st respondent. Adjustments, if
any, in the amount so deposited will be made by respondents
1 and 2 in accordance with rules.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) NO. 19981 OF 2022
APPENDIX OF WP(C) 19981/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF JOINT VENTURE
AGREEMENT, IN THE FORM OF A MEMORANDUM
OF UNDERSTANDING DATED 20.8.2016.
Exhibit P2 THE TRUE COPY OF PROCEEDINGS OF 2ND
RESPONDENT DTD 5.5.2022.
Exhibit P3 P3 THE TRUE COPY OF THE APPLICATION
DATED 4.4.2022 SUBMITTED BEFORE THE 1ST
RESPONDENT BY SRI. K.A. IQBAL .
Exhibit P4 THE TRUE COPY OF LETTER DATED 5.4.2022
ISSUED BY MR. PIUS JOSEPH, COUNCILLOR,
DIVISION NO. 35 OF THE KOCHI MUNICIPAL
CORPORATION TO THE 3RD RESPONDENT .
Exhibit P5 THE TRUE COPY OF LETTER DATED 2.4.2022
ISSUED BY 3RD RESPONDENT TO THE
SECRETARY OF THE 1ST RESPONDENT.
Exhibit P6 THE TRUE COPY OF NOTICE DATED
14.6.2022, OF 2ND RESPONDENT.
Exhibit P7 THE TRUE COPY OF THE CERTIFICATE OF
REGISTRATION ISSUED BY THE KERALA REAL
ESTATE REGULATORY AUTHORITY.
RESPONDENT'S/S EXHIBITS : NIL
