A writ petitioner challenged an order proposing to disconnect water supply. The interim stay was granted earlier. The court quashed the order as respondents offered regularisation and closed the petition without prejudice to the right to seek regularisation. No costs awarded.
Ext. P2 was quashed. The Original Petition is closed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR
FRIDAY, THE 7TH SEPTEMBER 2007 / 16TH BHADRA 1929
OP.No. 3585 of 1999(B)
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PETITIONERS:
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1. C.P. RAGHAVAN, A5 SREE LAKSHMI APPARTMENTS, ASHOKA ROAD, KALOOR, COCHIN - 682017.
2. K.I. JOSE, -DO- -DO-.
3. SHEELA THOMAS, -DO- -DO-.
4. M.C. SAMUEL, -DO- -DO-.
BY ADV. SRI.R.BINDU (SASTHAMANGALAM).
RESPONDENTS:
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1. ASSISTANT EXECUTIVE ENGINEER, WATER SUPPLY DIVISION, K.W.A., KOCHI-25.
2. THE KERALA WATER AUTHORITY, REPRESENTED BY ITS CHAIRMAN, TRIVANDRUM.
BY ADV. SRI. C. UNNIKRISHNAN, SC, KWA.
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/09/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
prv.
ORDER ON C.M.P. NO. 6085/1999 IN O.P. NO. 3585/1999
DISMISSED
07/09/2007.
SD/- T.R.RAMACHANDRAN NAIR, JUDGE.
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P.1: COPY OF THE INVOICE CARD.
EXT.P.2: COPY OF THE ORDER PASSED BY THE R.1.
RESPONDENT'S EXHIBITS: NIL.
//TRUE COPY//
prv.
T.R.RAMACHANDRAN NAIR, J.
= = = = = = = = = = = = = = = = O.P.No. 3585 of 1999-B.
= = = = = = = = = = = = = = = =
Dated this the 7th day of September, 2007.
J U D G M E N T
The petitioners approached this Court challenging Ext.P2 by which the respondents proposed to disconnect the water supply to the premises in question. This Court had granted an interim order staying the disconnection. In the affidavit filed by respondents 1 and 2 it has been pointed out that the petitioners can seek for regularisation of the water connection by submitting appropriate application. In view of the above averment Ext.P2 is quashed.
2. Without prejudice to the right of the petitioners to seek regularisation of the water connection, this Original Petition is closed. No costs.
T.R.RAMACHANDRAN NAIR, JUDGE.
Kvs/-
2 issues framed by the court
Whether the interim stay granted against water supply disconnection order should be continued since the dispute could be resolved through regularisation.
Whether respondents' offer to regularise the water connection warrant quashing of the impugned order.
C.P. Raghavan
K.I. Jose
Sheela Thomas
M.C. Samuel
Assistant Executive Engineer, Water Supply Division, K.W.A., Kochi
The Kerala Water Authority
TR Ramachandran Nair
Justice T.R. Ramachandran Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
