Disposed

Devadas Varma.R v. Kerala Water Authority

Kerala HC16 Jan 2018WP(C)/488/2018

Case brief

AI extract

What is this about?

The High Court directed the third respondent municipality to finalize pending proceedings regarding a road cutting permission complaint filed by the fourth respondent within one month, providing notice to the petitioner and the objecting association after dispensing with the formal notice to the objector.

What did the court decide?

Direction to third respondent to finalize proceedings within one month, with hearing to petitioner and 4th respondent.

Devadas Varma.R Vs Kerala Water Authority — Municipal and Town Planning | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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TUESDAY, THE 16TH DAY OF JANUARY 2018 / 26TH POUSHA, 1939

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WP(C).No. 488 of 2018

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PETITIONER(S):

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1 DEVADAS VARMA.R AGED 52,S/O. LATE.R.T RAVI VARMA RAMBHAL KALABHAM APARTMENTS, MULLAKKAL NAGAR, EROOR, THRIPUNITHURA, ERNAKULAM DISTRICT

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2 RAMBAL BUILDERS, REPRESENTED BY ITS MANAGING PARTNER,

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P N BALAKRISHNAN, 44/2165A,'SRAVAN', ST. ANTONY'S ROAD, KALOOR, ERNAKULAM

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BY ADV.SRI.R.KRISHNAKUMAR (CHERTHALA)

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RESPONDENT(S):

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

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2. THE EXECUTIVE ENGINEER KERALA WATER AUTHORITY, OFFICE OF THE EXECUTIVE ENGINEER,

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WATER SUPPLY DIVISION,KOCHI-682 018

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3. TRIPUNITHURA MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, TRIPUNITHURA, ERNAKULAM DISTRICT-682 301

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4. CHAKKALAMUTTIL RESIDENCE ASSOCIATION REPRESENTED BY ITS SECRETARY,EROOR, TRIPUNITHURA, ERNAKULAM-682 301

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R3 BY SRI.V.M.KURIAN, SC, THRIPUNITHURA MUNICIPALITY R1 & R2 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-01-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 488 of 2018 (I)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER AS PW2 B.A 334/13-14 DATED 21-11-2013.
EXHIBIT P2	A TRUE COPY OF THE OCCUPANCY CERTIFICATE ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER DT. 14-07-2016
EXHIBIT P3	A TRUE COPY OF THE COMMUNICATION NO.A3-2947/16 DATED 24-10-2016 ALONG WITH ABSTRACT OF ESTIMATE ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER
EXHIBIT P4	A TRUE COPY OF THE ORDER NO.A3-2947/16 DATED 3-11-2016 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER
EXHIBIT P5	A TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DT. 22-11-2016
EXHIBIT P6	A TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DT. 08-12-2016
EXHIBIT P7	A TRUE COPY OF THE NOTICE ISSUED BY THE SECRETARY OF THE 3RD RESPONDENT
EXHIBIT P8	A TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DT. 31-10-2017
EXHIBIT P9	A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE ASSISTANT EXECUTIVE ENGINEER OF THE 1ST RESPONDENT DATED NIL

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RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

dlk

P.A. TO JUDGE

SHAJI P. CHALY, J.

W.P.(C) No.488 of 2018

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Dated this the 16^th day of January, 2018

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JUDGMENT

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First petitioner obtained Ext.P1 building permit from the third respondent for construction of 5 storied residential apartment having total plinth area of 2030 sq.m. Second petitioner completed the construction in accordance with Ext.P1 permit and Ext.P2 occupancy certificate is issued to the first petitioner dated 14.7.2016 . Immediately after obtaining Ext.P2, first petitioner submitted application before the first respondent to provide water connection to the residential flat. Second respondent issued Ext.P4 order with conditions to provide water connections to the petitioners flat. In Ext.P4, the prime condition is that, road cutting permission from concerned authority shall be obtained by the first petitioner and handed over to the concerned Assistant Executive Engineer. On receipt of Ext.P4, first petitioner approached the third respondent seeking permission to cut the road, namely, 'Chakkalamuttil'

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W.P.(C) No.488 of 2018

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road, so as to provide water connection to the residential flat. Third respondent issued a notice requiring the first petitioner to attend hearing in connection with the complaint filed by the 4^th respondent on 28.12.2016. There upon, first petitioner appeared before the third respondent, and Chairman of the third respondent informed that, 4^th respondent is objecting the request of the petitioner for granting permission. On that day, one of the representative of the 4^th respondent appeared before the third respondent and sought ten days time. There upon, Chairman of the third respondent again adjourned the hearing to another date and informed that, it will be intimated to the first petitioner. It is also the contention of the petitioner that, the copy of the complaint given by the 4^th respondent is not given to the first petitioner on the date of hearing and hence he is not in a position to know the grievance of the 4^th respondent. It is the further contention of the petitioners that, there was no hearing provided after the said date.

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Today when the matter is taken up, learned counsel for the petitioners submitted that, again the petitioners were summoned for hearing on 12.1.2018, however, no fruitful result

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W.P.(C) No.488 of 2018

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could be achieved.

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I have heard learned counsel for the petitioners, learned standing counsel for the KWA and learned counsel appearing for third respondent municipality.

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In view of the limited nature of order I propose to pass, notice to the 4^th respondent is dispensed with for the time being.

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Having regard to the facts and circumstances of the case, there will be a direction to the third respondent municipality to finalise the proceedings in respect of the alleged complaint filed by the 4^th respondent, at the earliest possible time, and at any rate, attain finality, within a month from the date of receipt of a copy of this judgment after providing notice of hearing to the petitioner and the 4^th respondent.

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The parties will be guided by the orders so passed by the third respondent.

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY, JUDGE

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dlk/16/1/

Devadas Varma.R v. Kerala Water Authority

Case brief

What is this about?

What did the court decide?

Devadas Varma.R v. Kerala Water Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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