Kerala High Court
K.C. Balakrishnan vs The Kerala Water Authority on 11 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 13411 OF 2017
PETITIONER:
K.C. BALAKRISHNAN
S/O.LATE KANARAN, AGED 59 YEARS, KUZHICHALIL HOUSE,
PERAMBRA POST, KOZHIKODE DISTRICT.
BY ADVS.
SRI.K.P.SUDHEER
SRI.ARUN MATHEW VADAKKAN
RESPONDENTS:
1 THE KERALA WATER AUTHORITY
REP. BY MANAGING DIRECTOR, JALABHAVAN,
THIRUVANANTHAPURAM, PIN 695 001.
2 THE CHIEF ENGINEER
KERALA WATER AUTHORITY, OFFICE OF THE CHIEF ENGINEER,
NORTHERN REGION, MALAPARAMBA, KOZHIKODE PIN 673 009.
3 THE EXECUTIVE ENGINEER
KERALA WATER AUTHORITY, PH DIVISION, VATAKARA,
KOZHIKODE DISTRICT, PIN 673 101.
BY ADVS.
SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
P.M.JOHNY
OTHER PRESENT:
SRI.P.M.JOHNY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.13411 of 2017
2
P.V.KUNHIKRISHNAN,J.
---------------------
W.P (C) No.13411 of 2017
---------------------------
Dated this the 11th day of April, 2024
JUDGMENT
This writ petition is filed with the following prayers:-
"a) call for the records leading to Exhibits P4 and
P10 and quash Exts. P4 & P10 by the issue of a writ
of certiorari or other appropriate writ, order or
direction;
b) call for the records leading to Exhibit P7 and
quash clause No. 2 of Exhibit P7 order by the issue
of a writ of certiorari or other appropriate writ,
order or direction;
c) issue a writ of mandamus or other appropriate
writ, order or direction commanding the 1 st
respondent to reconsider Ext. P8 in the light of the
observation in Ext. P11 judgment;
d) issue such other writ, order or direction as this
Hon'ble Court may deem fit and proper in the facts
and circumstances of the case." [SIC]
2. The petitioner was a licensed plumber and Ext.P1 is
the original licence issued by the 3rd respondent. The said
licence was renewed upto February 2000 is the submission.
During February 2000, the petitioner was engaged as a SLR
worker on temporary basis. Ext.P2 certificate would show that
he was disengaged with effect from 30.11.2015 without any
pensionary benefits is the submission. Thereafter the
petitioner submitted Ext.P3 application for renewal of
plumbing licence. By Ext.P4 order, it was rejected by the 3 rd
respondent relying on Ext.P7 order. Exts.P5 and P6 are two
orders concerning the renewal of the licence is the
submission. It is submitted that case of the petitioner is not
similar to the one considered in Ext.P6. So, the petitioner
submitted Ext.P8 representation to the 1st respondent seeking
renewal of licence. By Ext.P9 judgment, this Court directed
the 1st respondent to consider Ext.P8 application within two
months. Thereafter, Ext.P10 order is passed without
considering the contention of the petitioner is the submission.
According to the petitioner, in the light of Ext.P11 and also in
the light of clause 10 of Appendix A of Kerala Water Authority
(Water Supply) Regulations, 1991, the impugned order is
unsustainable. Hence, this writ petition.
3. Heard the learned counsel for the petitioner and
the learned Standing Counsel appearing for the Water
Authority.
4. After hearing both sides, I am of the considered
opinion that Exts.P4 and P10 can be set aside and there can
be a direction to reconsider the matter, in the light of Ext.P11
judgment and also as per Clause 10 of Appendix A of Kerala
Water Authority (Water Supply) Regulations, 1991, because
the impact of the same is not considered in those orders.
Therefore, this writ petition is disposed of with the
following directions:-
a) Exts.P4 and P10 are set aside.
b) The 1st respondent is directed to
reconsider the matter in the light of the
amended provisions of Kerala Water Authority
(Water Supply) Regulations, 1991 and also in
the light of Ext.P11 judgment, as expeditiously
as possible, at any rate, within three months
from the date of receipt of a certified copy of
this judgment.
c) The petitioner will produce a certified copy
of this judgment along with a copy of the writ
petition with exhibits before the 1st respondent
for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
APPENDIX OF WP(C) 13411/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF PLUBMING LICENCE NO.
36/83-84 ISSUED TO THE PETITIONER BY
THE THIRD RESPONDENT
EXHIBIT P2 TRUE COPY OF CERTIFICATE DATED
30.11.2015 ISSUED BY THE ASSISTANT
EXECUTIVE ENGINEER, MANANTHAVADY
EXHIBIT P3 TRUE COPY OF APPLICATION SUBMITTED BY
THE PETITIONER ON 28.12.2015 BEFORE THE
THIRD RESPONDENT
EXHIBIT P4 TRUE COPY OF ORDER NO. D.5-50/2016
DATED 19.3.2016 ISSUED BY THE THIRD
RESPONDENT
EXHIBIT P5 TRUE COPY OF ORDER NO. KWA/HO/TRG/DCE-
611/95 DATED 3.8.1999 ISSUED BY THE 1ST
RESPONDENT
EXHIBIT P6 TRUE COPY OF ORDER NO. KWA/HO/TRG-
II/PLUMBING/549/2005 DATED 26.5.2014
ISSUED BY THE 1ST RESPONDENT
EXHIBIT P7 TRUE COPY OF ORDER NO.
KWA/HO/TRG/PLUMBING/549/2005 DATED
6/2014 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P8 TRUE COPY OF REPRESENTATION DATED
31.3.2016 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
EXHIBIT P9 TRUE COPY OF JUDGMENT DATED 7.4.2016 IN
WP(C) NO.14126/2016 PASSED BY THIS
HON'BLE COURT
EXHIBIT P10 TRUE COPY OF ORDER NO.
KWA/HO/TRG/PLE/01/2015 DATED 24.12.2016
ISSUED BY THE 1ST RESPONDENT
EXHIBIT P11 TRUE COPY OF JUDGMENT DATED 14.8.2014
IN WP(C) NO.18723/2014 PASSED BY THIS
HON'BLE COURT
