Allowed

Mr.Salil Gupta, v. the Assistant Engineer

Kerala HC18 Feb 2019WP(C)/3541/2019

Case brief

AI extract

What is this about?

The Court held that a drinking water connection cannot be delayed pending the completion of the defect liability period for a road. It directed the respondents to provisionally supply water.

What did the court decide?

Direction to provide provisionally water connection from existing distribution main at Sub Station Road. Petitioner to seek permanent connection after defect liability period.

Mr.Salil Gupta, Vs the Assistant Engineer — Service and Employment | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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MONDAY ,THE 18TH DAY OF FEBRUARY 2019 / 29TH MAGHA, 1940

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WP(C).No. 3541 of 2019

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PETITIONER/S:

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1 MR.SALIL GUPTA, AGED 55 YEARS

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NO.D-12 A, CHAKOLAS HABITAT, THEVARA FERRY, THEVARA P.O., ERNAKULAM. NOW RESIDING AT VILLA-L, CHAKOLAS BOUGAIN VILLA, FR.MULAVARIKKAL ROAD, KONTHURUTHI, THEVARA P.O., KOCHI-682013.

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2 SMS BUILDERS, DOOR NO.60/1201 A, VARGHESE THITTEL ROAD, SOUTH PANAMPILLY NAGAR, KADAVANTHRA P.O., KOCHI, REPRESENTED BY ITS PARTNER, MR.SALIL GUPTA.

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3 SHIBU C.S., AGED 1 YEARS

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FLAT NO.4C, SMS SERENITI -II, SUB STATION ROAD, SOUTH PANAMPILLY NAGAR, KADAVANTHARA P.O., KOCHI-20.

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BY ADV. SRI.RAMESH CHERIAN JOHN

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RESPONDENT/S:

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1 THE ASSISTANT ENGINEER, O/O. THE ASSISTANT ENGINEER, WATER WORKS SECTION NO.3, KERALA WATER AUTHORITY, KOCHI-682016.

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2 KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS MANAGING DIRECTOR.

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3 THE SUPERINTENDENT ENGINEER, MUNCIPAL CORPORATION, KOCHI CORPORATION OFFICE, P.B.NO.1016, ERNAKULAM, KOCHI-682011.

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BY ADVS.

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SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY SRI.V.V.JOSHI,SC,COCHIN CORPORATION

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).3541/19

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ANU SIVARAMAN, J.

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----------------------------------------------W.P(C).No. 3541 of 2019

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----------------------------------------------Dated this the 18^th day of February, 2019

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JUDGMENT

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This writ petition is filed seeking directions to the respondents to provide water connection to the 1^st petitioner's premises, namely, SMS Seriniti-II, South Panampilly Nagar. It is stated that the 1^st petitioner has not being granted connection, since the defect liability period in respect of the South Panampilly Nagar road has not expired and no cross cutting permission will be granted till such period is over. Learned counsel for the petitioners seeks directions to the respondents to grant provisional connection to the 1^st petitioner from the existing distribution main at Sub Station Road till the expiry of the defect liability period in South Panampilly Nagar road.

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The learned Standing Counsel for the Kerala Water Authority would contend that the permission has to await the expiry of the defect liability period in respect of the South Panampilly Nagar road which was tarred as per the standards of Kochi Metro Rail Limited.

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Having considered the contentions advanced, I am of the opinion that grant of a drinking water connection cannot wait till the completion of the defect liability period in respect of the South Panampilly Nagar road.

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WP(C).3541/19

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There will accordingly be a direction to the respondents to provide water connection to the 1^st petitioner's premises from the existing distribution main at Sub Station Road provisionally and subject to the condition that once the defect liability period in respect of the South Panampilly Nagar road is complete, the petitioners shall take appropriate steps to obtain connection from the Authority. Necessary shall be done by the respondents without delay.

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The writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

vgs18/2

WP(C).3541/19

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE DATED 27.07.18.	OCCUPANCY CERTIFICATE
EXHIBIT P2	TRUE COPY OF THE REVENUE OFFICER, DATED 06.08.2018 THE APARTMENT.	CERTIFICATE ISSUED BY THE CORPORATION OF COCHIN ALLOTTING THE DOOR NOS.FOR
EXHIBIT P3	TRUE COPY OF THE DATED 09.08.2018 OFFICER, CORPORAT	OWNERSHIP CERTIFICATE ISSUED BY THE REVENUE ION OF COCHIN.
EXHIBIT P4	TRUE COPY OF THE CONNECTION DATED THE 1ST RESPONDEN	APPLICATION FOR WATER 09.08.2018 FILED BEFORE T.
EXHIBIT P5	TRUE COPY OF THE 12.10.2018.	COMMUNICATION DATED
EXHIBIT P6	TRUE COPY OF THE RESPONDENT DATED ATTACHMENT MENTIO	REQUEST TO THE 1ST 17.10.2018 WITHOUT NED THEREIN.
EXHIBIT P7	TRUE COPY OF THE 27.11.2018 ISSUED ALONG WITH THE LO	COMMUNICATION DATED BY THE 1ST RESPONDENT CATION SKETCH.
EXHIBIT P8	TRUE COPY OF THE	LETTER DATED 28.11.2018.
EXHIBIT P9	TRUE COPY OF THE 19.01.2019 ISSUED THE BEHALF OF MUN	COMMUNICATION DATED BY THE 3RD RESPONDENT ON ICIPAL CORPORATION COCHIN.

Mr.Salil Gupta, v. the Assistant Engineer

Case brief

What is this about?

What did the court decide?

Mr.Salil Gupta, v. the Assistant Engineer

Case brief

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What did the court decide?

What the court decided

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