Soumya.C.S vs The District Collector, ...
2023 Latest Caselaw 11171 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                       WP(C) NO. 30541 OF 2023
PETITIONER:

          SOUMYA.C.S, AGED 32 YEARS,
          D/O.SIMON.C.M, CHAKUNGAL, VANNAPURAM.P.O.,
          VANNAPURAM, IDUKKI - 555 607,
          NOW RESIDING AT HOUSE NO.27, TC 81/1039,
          SANTHI NAGAR, GOVT. PRESS ROAD,
          THIRUVANANTHAPURAM, PIN - 695001.

          BY ADVS.
          SUMAN CHAKRAVARTHY
          K.R.RIJA
          BREJITHA UNNIKRISHNAN


RESPONDENTS:

    1     THE DISTRICT COLLECTOR, COLLECTORATE,
          KUDAPPANAKKUNNU, THIRUVANANTHAPUR, PIN - 695043.

    2     THE KERALA WATER AUTHORITY
          REPRESENTED BY ITS EXECUTIVE ENGINEER,
          PATTOOR SUB DIVISION, PATTOOR,
          THIRUVANANTHAPURAM, PIN - 695035.

    3     S.PRASANNA BABU, AGED 65 YEARS,
          PROVIDENCE-38, SANTHI NAGAR, GOVT. PRESS ROAD,
          THIRUVANANTHAPURAM, PIN - 695001.

          BY ADVS.
          GEORGIE JOHNY
          S.JATHIN DAS
          ARUN S.(K/2403-B/2019)
          SUMODH MADHAVAN NAIR(K/96/2004)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30541 OF 2023
                               -2-

                         JUDGMENT

The petitioner has approached this Court

seeking a direction to the 2nd respondent to

restore the water supply to his building,

asserting that it had been disconnected solely

on account of the objections of the landlord,

namely the 3rd respondent.

2. Noticing the afore plea of the

petitioner and after hearing the parties as

available then, this Court passed an interim

order on 20.09.2023 to the following effect:

"The petitioner will take out notice to respondent No.3 by speed post returnable within ten days.

List on 12.10.2023. In the meanwhile, since the petitioner says that she is willing to pay off the entire outstanding against the water connection in question, I direct the Kerala Water Authority to grant her provisional connection, on her doing so subject to further orders from this Court.

I make it clear that this will not enure to the petitioner any right in future either in equity or in law.

WP(C) NO. 30541 OF 2023

This shall be done without insisting on the NOC of the 3rd respondent for the time being and subject to her contentions to be decided by this Court in due course."

3. Today, Sri.Georgie Johny - learned

Standing Counsel for the Kerala Water Authority,

submitted that the afore interim order has been

complied with; and that water connection has

been restored to the premises of the petitioner.

This has been affirmed by Sri.Suman Chakravarthy

- learned counsel for the petitioner also.

4. Sri.S.Jathin Das - learned counsel for

the 3rd respondent, submitted that there are

disputes between his client and the petitioner

and that matters are pending before the

competent Courts. He, however, added that,

contrary to the allegations against his client

by the petitioner, he had not taken any steps

for disconnecting the water supply to the

building; and therefore, that liberty may be

reserved to him to pursue his remedies in terms WP(C) NO. 30541 OF 2023

of law.

Taking note of the afore submissions, I

order this writ petition, confirming the

interim order dated 20.09.2023; however, with

every liberty being reserved to the 3rd

respondent to pursue his claims against the

petitioner, for which purpose, all his

contentions are left open.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 30541 OF 2023

APPENDIX OF WP(C) 30541/2023

PETITIONER EXHIBITS

EXHIBIT-P1 A TRUE COPY OF THE TENANCY AGREEMENT BETWEEN THE PETITIONER AND 3RD RESPONDENT DATED 19.11.2021

EXHIBIT-P2 A TRUE COPY OF THE ORDER IN IA NO.1/2022 IN O.S 1855/2022 DATED 30.11.2022 BY THE PRINCIPAL MUNSIFF COURT, THIRUVANANTHAPURAM

EXHIBIT P 3 A TRUE COPY OF THE MEMO IS DATED 19.09.2023

EXHIBIT P4 A TRUE COPY OF THE KWA RECEIPT DATED 02.03.2023.

RESPONDENT EXHIBITS

EXHIBIT R3(A) TRUE COPY OF DRIVING LICENCE OF THE 3RD RESPONDENT

EXHIBIT R3(B) TRUE COPY OF THE LETTER DATED 30.7.2022 GIVEN BY THE PETITIONER TO THE RESIDENTS' ASSOCIATION PRESIDENT

EXHIBIT R3(C) TRUE COPY OF THE FIR IN CRIME NO.

516/2023 REGISTERED BY THE THAMPANOOR POLICE STATION AGAINST THE PETITIONER

EXHIBIT R3(D) TRUE COPY OF THE BILL ISSUED BY THE KERALA WATER AUTHORITY

EXHIBIT R3(E) TRUE COPY OF THE EVICTION SUIT RCP 01/2023 FILED BY THE 3RD RESPONDENT DATED 4.1.2023 FILED BEFORE THE RENT CONTROL COURT, THIRUVANANTHAPURAM