Kalyan Marvella Apartment Owners ... vs Kerala Water Authority
2024 Latest Caselaw 11027 Ker

Kerala High Court

Kalyan Marvella Apartment Owners ... vs Kerala Water Authority on 12 April, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
          Friday, the 12th day of April 2024 / 23rd Chaithra, 1946
                        WP(C) NO. 34314 OF 2023 (L)

PETITIONER:


     KALYAN MARVELLA APARTMENT OWNERS ASSOCIATION, 'KALYAN MARVELLA',
     GIRINAGAR, KADAVANTHARA, ERNAKULAM, (AN ASSOCIATION REGISTERED UNDER
     THE TRAVANCORE-COCHIN LITERARY, SCIENTIFIC AND CHARITABLE SOCIETIES
     REGISTRATION ACT, 1955) REPRESENTED BY ITS SECRETARY MR. BALAMURALI.
     M, AGED 52 YEARS, SON OF G. VARIJAKSHAN, RESIDING AT 7B 'KALYAN
     MARVELLA', GIRINAGAR, KADAVANTHARA, ERNAKULAM, PIN - 682 020.


RESPONDENTS:


  1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, 'JALA
     BHAVAN', VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695 033.

      AND 6 OTHERS


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct Respondents 1 to 5 to provide casual connection for
domestic purposes under the Kerala Water Authority (Water Supply)
Regulations, 1991 to the Petitioner's apartment complex - 'Kalyan
Marvella', Girinagar, Ernakulam; pending final disposal of the above Writ
Petition.

     This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
28.02.2024 and upon hearing the arguments of M/S. BOBY MATHEW, K.MEERA,
Advocates for the petitioner, SRI. P.M.JOHNY, Standing Counsel, for the
respondents 1 to 5, SRI. BINOY VASUDEVAN, Advocate for 6th respondent,
SRI.JANARDHANA SHENOY, STANDING COUNSEL for additional 7th respondent, the
court passed the following:
                                      T.R. RAVI, J.
                     --------------------------------------------
                          WP(C) No.34314 of 2023
                         --------------------------------------------
                     Dated this the 12th day of April, 2024

                                        ORDER

See the interim orders dated 21.12.2023, 08.01.2024,

07.02.2024 & 28.02.2024 and the Division Bench judgment dated

13.02.2024 in WA No.198 of 2024. Based on the directions it is

submitted by the counsel for the Water Authority that a meeting had

been called for and it has been decided to give temporary connection

to the petitioner. It is now reported that the 7 th respondent has raised

an issue regarding the road cutting permit. The 7 th respondent is also

a party to all these orders and at this stage, it is not proper for them

to raise a dispute of this nature.

There will hence be a direction to the 7 th respondent to give the

necessary road cutting permit for the purpose of implementing the

directions issued by this Court in the interim direction stated above.

Necessary action shall be taken within ten days from today.

Sd/-

T.R.RAVI JUDGE mpm

12-04-2024 /True Copy/ Assistant Registrar