Petitioner with easement rights sought water connection. Court disposed of petition recording Corporation's view that fees apply, confirming fees do not affect easement rights. No adverse rule declared.
None. Court recorded Corporation's submission that fees would be payable and clarified that application filing does not affect easement rights.
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 K.VINOD CHANDRAN
FRIDAY, THE 7TH DAY OF AUGUST 2015/16TH SRAVANA, 1937
WP(C).No. 7772 of 2015 (V)
PETITIONER:
MARIA LUCY P.R., THERUVIL HOUSE, EDAKOCHI.
BY ADV. SRI.P.P.JACOB
RESPONDENT(S) :
1. THE CORPORATION OF KOCHI, OFFICE OF THE CORPORATION OF KOCHI, ERNAKULAM, PIN-682 011, REPRESENTED BY ITS SECRETARY.
2. THE ASSISTANT ENGINEER (ZONAL OFFICE), CORPORATION OF KOCHI, PALLURUTHY, KOCHI-682 006.
3. THE ASSISTANT ENGINEER, P.W.D.ROAD SECTION, MATTANCHERRY.
4. THE ASSISTANT ENGINEER, WATER SUPPLY SUB DIVISION, KARUVELIPPADY,
ERNAKULAM, KOCHI-682 005.
R1 & R2 BY ADV. SRI.K.P.JUSTINE(KARIPAT)SC,COCHIN CORPN SRI.P.K.SOYUZ,SC,COCHIN CORPORATION R3 BY SR GOVERNMENT PLEADER SRI.BIJU MEENATTOOR R4 BY ADV. SRI.GEORGE MATHEW, SC, KERALA WATER AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 7772 of 2015 (V)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1TRUE COPY OF THE COMMON JUDGMENT IN O.S. 549/93 AND O.S. 131/94 OF THE PRINCIPLE MUNSIFF'S COURT, KOCHI DATED 27-6-95. EXHIBIT P2TRUE PHOTOCOPY OF THE DECREE IN O.S. 549/93 OF PRINCIPLE MUNSIFF'S COURT, KOCHI DATED 27-6-95. EXHIBIT P3TRUE PHOTOCOPY OF THE ORDER IN WPC.NO.14938/13 DATED 27-6-2013. EXHIBIT P4TRUE PHOTOCOPY OF THE ORDER DATED 24-2-2012 ISSUED FROM THE PWD OFFICE ROAD SECTION. EXHIBIT P5TRUE PHOTOCOPY OF THE REPRESENTATION FIELD BY THE PETITIONER BEFORE THE RESPONDENTS 1 & 2 DATED 28-2-15.
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
K. VINOD CHANDRAN, J
Dated this the 07th day of August, 2015
The petitioner who has an easement right over the
property of the Corporation for ingress and egress into his property seeks for drawing of a water connection through the said pathway. Admittedly, there is a road constructed in the said property owned by
the Corporation through which the petitioner has an easement right. The Corporation has filed a counter affidavit saying that if a proper application is filed for laying the lines after providing the trenches for the pipes, the same shall be considered and the water connection will be drawn provided the petitioner pays the fees for the same. Recording the submission of the Corporation, writ petition is disposed of, making it clear that the filing of an application will not in any
manner affect the easement right of the petitioner.
Writ petition is disposed of.
Sd/-
jma
(K. VINOD CHANDRAN, JUDGE) //true copy//
P.A to Judge
1 issue framed by the court
Whether the petitioner's right to draw a water connection is affected despite existing easement rights.
MARIA LUCY P.R.
THE CORPORATION OF KOCHI
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
