Allowed

Southern Investments Pvt. Ltd. v. Superintendent of Police

Kerala HC19 Mar 2014WP(C)/5809/2014

Case brief

AI extract

What is this about?

The court observed that the petitioner had valid permission from Kerala Water Authority and Thiruvananthapuram Corporation for sewerage works with no statutory violation alleged. It directed police protection to ensure uninterrupted execution of the sanctioned work.

What did the court decide?

Directing the respondent police to provide necessary police protection to the petitioner to put up the sewage lines sanctioned by the authorities and ensure no law and order situation is created.

Southern Investments Pvt. Ltd. Vs… — Constitutional and Fundamental Rights | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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WEDNESDAY, THE 19TH DAY OF MARCH 2014/28TH PHALGUNA, 1935

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WP(C).No. 5809 of 2014 (A)

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PETITIONER(S):

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SOUTHERN INVESTMENTS PVT. LTD. A-23, JAWAHAR NAGAR, KAUDIAR P.O. THIRUVANANTHAPURAM, REPRESENTED BY ITS DEPUTY GENERAL MANAGER.

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BY ADVS.SRI.BECHU KURIAN THOMAS SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SMT.TINA ALEX THOMAS SRI.S.SREEDEV SRI.RONY JOSE

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RESPONDENT(S):

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1. SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM-695001.

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2. DEPUTY SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM-695001.

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3. SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM-695033.

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4. THE PRESIDENT, CSM NAGAR RESIDENTS ASSOCIATION, VELLAYAMBALAM, THIRUVANANTHAPURAM-695033.

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5. THE SECRETARY, CSM NAGAR RESIDENTS ASSOCIATION, VELLAYABALAM, THIRUVANANTHAPURAM-695033.

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6. CSM NAGAR RESIDENTS ASSOCIATION, VELLAYABALAM, THIRUVANANTHAPURAM-695033.

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R1 & 3 BY SPECIAL GOVERNMENT PLEADER SRI.SUJITH MATHEW JOSE R4 & 5 BY ADVS. SRI.JOHN JOSEPH

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SMT.BEENA JOHN SRI.M.J.PAVU

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-03-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5809 of 2014 (A)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT-P1: TRUE COPY OF THE APPROVAL ORDER DTD.26.11.2013 AND NUMBERED AS E-5/130583/13 ISSUED BY THE KERALA WATER AUTHORITY.

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EXHIBIT-P2: TRUE COPY OF THE ORDER DATED 26.11.2013 ISSUED BY THE THIRUVANANTHAPURAM CORPORATION.

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EXHIBIT-P3: TRUE COPY OF THE RENEWAL ORDER DATED 18.01.2014 NUMBERED AS A2/214/GL/2013 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER OF KERALA WATER AUTHORITY.

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EXHIBIT-P4: TRUE COPY OF THE COMPLAINANT DATED 07.02.2014 FILED BEFORE THE 3RD RESPONDNET.

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RESPONDENT(S)' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

Manjula Chellur, C.J. & A.M. Shaffique, J.

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W.P.(C) No. 5809 OF 2014

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- - - - Dated this the 19^th day of March, 2014

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JUDGMENT

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Shaffique, J.

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Petitioner is a company which is constructing a residential apartment in Survey Nos.1375/1 and 1375/2 of Vanchiyoor Village under the name - White Heaven Apartments.

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According to them, they have obtained sanction

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from Kerala Water Authority for laying pipes for sewerage disposal. The Kerala Water Authority had issued necessary orders in that regard and while the work was going on, there was obstruction from the people in the locality under the leadership of party respondents 4 to 6.

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Another writ petition is filed by certain persons in the locality as W.P.(C) No.7432 of 2014 in which the Corporation of Thiruvananthapuram as well as Kerala Water Authority are parties to the proceedings. The same being a connected matter, we have posted the said writ petition along with this writ petition and heard learned counsel for the said parties as well.

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W.P.(C) No. 5809 of 2014

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-:2:-

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Learned Standing Counsel for Kerala Water Authority would submit that they have given necessary permission to connect sewage lines and learned Standing Counsel for Corporation also submits that the petitioner apartment has to connect their sewage lines to the main drain.

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Though it is contended that sanction was given by

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the Kerala Water Authority for said sewerage line is illegal, learned counsel for the petitioner in W.P.(C) No.7432 of 2014 was not able to point out any legal impediment in issuing such a permit. However, we are not deciding the issue with reference to the allegations in W.P.(C) No.7432 of 2014.

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As matters stand now, the petitioner in W.P.(C) No.5809 of 2014 is having a permission in terms of Ext.P1, wherein the Kerala Water Authority has given permission to execute the work of permanent sewerage connection, which is also in terms with Ext.P2 order issued by Corporation of Thiruvananthapuram. Nothing has been brought to the attention of this Court regarding violation of any statutory provision or guidelines showing that the permission issued by Kerala Water

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W.P.(C) No. 5809 of 2014

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-:3:-

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Authority is invalid in any form. There is no stay order restraining the construction put up by the petitioner. Under these circumstances, we are of the view, the writ petition can be disposed of as under:

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The respondent Police shall provide necessary police protection to the petitioner to put up the sewage lines sanctioned as per Exts.P1, P2 and P3 and ensure that no law and order situation is created by party respondents.

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Manjula Chellur, Chief Justice.

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A.M. Shaffique, Judge.

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ttb/20/03

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W.P.(C) No. 5809 of 2014

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-:4:-

Southern Investments Pvt. Ltd. v. Superintendent of Police

Case brief

What is this about?

What did the court decide?

Southern Investments Pvt. Ltd. v. Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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