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Kerala High Court
Marine Plaza Apartment Owners ... vs Kochi Municipal Corporation on 17 December, 2025
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W.P.(C). No.494 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 17TH DAY OF DECEMBER 2025 / 26TH AGRAHAYANA, 1947
WP(C) NO. 494 OF 2020
PETITIONER:
MARINE PLAZA APARTMENT OWNERS ASSOCIATION (REGISTRATION
NO.ER-212/08)
MARINE PLAZA, ROOM NO.40/6187A, MARINE DRIVE (OPP. CMFRI),
ERNAKULAM, KOCHI-682031, REPRESENTED BY ITS PRESIDENT
PRESENTLY KURIAKOSE ELIAS PAAREL.
BY ADVS.SHRI.M.P.RAMNATH
SHRI.P.RAJESH (KOTTAKKAL)
SRI.K.J.SEBASTIAN
SEI.M.VARGHESE VARGHESE
SMT.S.SANDHYA
SHRI.BEPIN PAUL
SRI.SHALU VARGHESE
SRI.S.DEEPAK
SRI.ANTONY THARIAN
RESPONDENTS:
1 KOCHI MUNICIPAL CORPORATION,
CORPORATION OFFICE, PARK AVENUE, KOCHI-682011,
REP. BY ITS SECRETARY.
2 THE HEALTH OFFICER,
KOCHI MUNICIPAL CORPORATION, CORPORATION OFFICE,
PARK AVENUE, KOCHI-682011.
3 THE GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA),
SAHODARAN AYYAPPAN ROAD, KADAVANTHRA, KOCHI-682020,
REP. BY ITS SECRETARY.
BY ADVS. SMT.P.Y.SHEHEERA, SC, KOCHI MUNICIPAL CORPORATION
SHRI.K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL CORPORATION
SHRI.JIMMY GEORGE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C). No.494 of 2020
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VIJU ABRAHAM, J.
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W.P.(C) No.494 of 2020
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Dated this the 17th day of December, 2025
JUDGMENT
The petitioner has approached this Court seeking the
following reliefs:
1. Issue a writ in the nature of mandamus or such other writs or
directions to clear all the obstructions created to and to
restore the damaged portions of the two water drainage pipes
leading from the north western part and south western part of
the Marine Plaza Apartment Complex properties managed by
the petitioner and passing through beneath the Marine Drive
walk way on the west thereof and opening into the
backwaters on the west thereof and in the event of the
respondent not complying with the same within time frame to
be fixed by this Hon'ble court, to permit the petitioner to get
the same done and recover the cost thereof from the
respondents.
2. Award the cost of this writ petition.
3. Grant such other reliefs as this Hon'ble Court may deem fit to
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grant in the facts and circumstances of the case, and in the
interest of law justice and equity.
2. The grievance raised by the petitioner is that the water
draining pipes opening to the backwaters, which is exclusively used
for draining rain water, have been cut off, on the assumption that
there is no STP treatment plant in the petitioner apartment
complex.
3. When the matter came up for consideration on 24.11.2025,
this Court has directed the Corporation Authorities to conduct an
inspection and to file an affidavit as to whether only rain water is
being channelised to the backwaters through the drain and no STP
drain water is drained into the backwaters, by the petitioner.
Pursuant to an inspection conducted, a report has been filed along
with a memo, wherein it is stated that after inspection, it was found
that there is an STP functioning in the petitioner apartment
complex and the STP drain water is not channelised to the
backwaters, by the petitioner.
In view of the above, the writ petition is to be allowed.
Petitioner is permitted to restore the damaged portion of the water
drainage pipes from the apartment complex opening into the
backwaters on the western side. The restoration work shall be
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undertaken by the petitioner with notice to respondents 1 and 3.
The undertaking of the petitioner that only rain water will be
channelised to the backwaters through the drain is recorded.
Writ petition is disposed of as above.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
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APPENDIX OF WP(C) NO. 494 OF 2020
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE PHOTO COPY OF THE CERTIFICATE OF
REGISTRATION OF SOCIETY BEARING
NO.ER212/08 OF THE PETITIONER ASSOCIATION
ALONG WITH ITS TRUE ENGLISH TRANSLATION.
EXHIBIT P2 THE TRUE PHOTOCOPY OF THE MEMORANDUM OF
ASSOCIATION AND BYE-LAWS OF THE
PETITIONER.
EXHIBIT P3 THE TRUE PHOTO COPY OF THE CERTIFIED COPY
FROM REGISTRAR'S OFFICE OF SALE DEED
NO.3319 OF 2003 SRO ERNAKULAM EXECUTED BY
3RD RESPONDENT IN FAVOUR OF ABAD
CONSTRUCTIONS PVT.LTD.
EXHIBIT P4 THE TRUE PHOTOCOPY OF THE SALE DEED
NO.389/2007 SRO ERNAKULAM, EXECUTED BY
ABAD CONSTRUCTIONS PVT. LTD. IN FAVOUR OF
KALLUVILAKOM MOHAMED BASHEER.
EXHIBIT P5 THE TRUE PHOTOCOPY OF THE LETTER DATED
07.01.2020 ISSUED BY SENS WASSER
SOLUTIONS & CO. TO THE PETITIONER.
EXHIBIT P6 THE TRUE PHOTOCOPY OF THE CERTIFICATE
DATED 02.01.2010 ISSUED BY CREDAI CLEAN
CITY MOVEMENT, SERVICE PROVIDER -
SUCHITWA MISSION, GOVERNMENT OF KERALA,
IN RESPECT OF THE PETITIONER'S APARTMENT
COMPLEX.
EXHIBIT P7 THE TRUE PHOTOCOPY OF THE LETTER DATED
06.12.2019 SUBMITTED BY THE PETITIONER TO
THE 2ND RESPONDENT IN REPLY TO HIS NOTICE
HAVING REF.ISO/MOHS/38044/2019 WITH ITS
TRUE ENGLISH TRANSLATION APPENDED.
EXHIBIT P8 THE PHOTOGRAPHS (3 NOS) OF THE SO DUG AND
CUT OUT PORTION OF THE PIPES LEADING FROM
THE NORTH WESTERN PART OF PETITIONER'S
WATER DRAINAGE FILLED WITH CONCRETE AND
RELAID THEREUPON WITH EXCAVATED MUD AND
ITS CONTINUING DRAINAGE WITHIN THE
APARTMENT COMPLEX.
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EXHIBIT P9 THE PHOTOGRAPHS (5 NOS) OF THE SO DUG AND
CUT OUT PORTION OF THE PIPES LEADING FROM
THE SOUTH WESTERN PART OF PETITIONER'S
WATER DRAINAGE WHICH HAS BEEN EXCAVATED
DOWN TO AND CUT BUT THE CONCRETE FILLING
NOT YET BEEN DONE AND ITS CONTINUING
DRAINAGE WITHIN THE APARTMENT COMPLEX.
EXHIBIT P10 THE TRUE PHOTOCOPY OF THE ROUGH SKETCH OF
THE LIE AND LOCATION OF THE PROPERTIES.
EXHIBIT P11 TRUE PHOTOCOPPY OF THE SERVICE INVOICE
DT.16/3/2020 ISSUED FROM THE SERVICE
PROVIDER M/S.SM ELECTRICALS FOR SUPPLY
AND FIXING OF 3PHASE KWH TOD METER FOR
THE STP IN THE PETITIONER APARTMENT
COMPLEX
EXHIBIT P12 TRUE PHOTOCOPY OF THE INVOICE DT.
14/3/2020 ISSUED FROM UNIVERSAL SANITARY
HOUSE TO THE PETITIONER FOR PURCHASE OF
WATER METER
EXHIBIT P13 TRUE PHOTO COPY OF THE APPLICATION
DT.16/03/2020 SUBMITTED BY THE PETITIONER
BEFORE THE KERALA STATE POLLUTION CONTROL
BOARD IS PRODUCED HEREWITH, FOR CONSENT
TO OPERATE THE STP
EXHIBIT P14 TRUE PHOTO COPY OF THE NEFT/RTGS PAYMENT
DETAILS FOR RS.11,27,303.60 MADE BY THE
PETITIONER TO KERALA STATE POLLUTION
CONTROL BOARD HAVING CHALLAN CREATION
DATE 12/3/2020, AS ISSUED FROM BANK OF
INDIA
EXHIBIT P15 TRUE PHOTO COPY OF THE RECEIPT
NO.868825055 WITH PAYMENT DT 12/3/2020
ISSUED BY KERALA STATE POLLUTION CONTROL
BOARD FOR RECEIVING FEES FROM PETITIONER
FOR CONSENT TO OPERATE STP
Exhibit P16 TRUE PHOTOSTAT COPY OF THE CONSENT TO
OPERATE DT.23.6.2020 VALID UPTO 1.3.2025
AND BEARING NO.020ERRCTON827624,ISSUED TO
THE PETITIONER FOR ITS FUNCTIONAL STP BY
THE KERALA STATE POLLUTION CONTROL
BOARD .
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Exhibit P17 THIS IS THE TRUE PHOTOSTAT COPY OF
INTEGRATED CONSENT TO OPERATE
(RENEWAL)DATED 23.6.2025 VALID
UPTO1.3.2030 AS ISSUED BY KERALASTATE
POLLUTION CONTROL BOARD,FOR THE MARINE
PLAZA (APARTMENT COMPLEX).
