Petitioner challenged an order disconnecting water supply via writ petition. Upon hearing that the petitioner subsequently purchased the property, the court accepted the submission and closed the matter.
The writ petition is closed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 18TH DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
WP(C) NO. 615 OF 2012
PETITIONER:
MALATHY AMMA W/O LATE KARUNAKARAN NAIR, EDAVAZHIKKA PARAMBIL , H. NO. V/ 354, PERUMBILLI, NJARAKKAL, ERNAKULAM DISTRICT.
BY ADVS. SRI.B.MOHANLAL SMT.P.S.PREETHA SRI.T.PRASAD SRI.SAIJU S.
RESPONDENTS:
1 THE EXECUTIVE ENGINEER,KERALA WATER AUTHORITY, WATER SUPPLY DIVISION, NEAR HIGH COURT OF KERALA, ERNAKULAM, PIN – 683 612.
2 THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, NORTH PARAVUR, ERNAKULAM- 683 616.
3 THE ASSISTANT ENGINEER, KERALA WATER AUTHORITY, WATER SUPPLY SECTION NO.111, NJARAKKAL P.O, ERNAKULAM- 683 614.
BY ADVS. SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY SRI.GEORGE MATHEW, SC, KERALA WATER AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.615/2012
2
P.V.KUNHIKRISHNAN, J
W.P.(C)No.615 of 2012
Dated this the 18th day of November 2021
JUDGMENT
The above writ petition is filed with
following prayers:
“i) To call for the records leading to Ext.P8 from the Respondent and issue a writ of certiorari or any other appropriate writ, order or direction quashing Ext.P8 as illegal.
ii) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the Respondents to desist from taking steps to disconnect the Water Supply to the Petitioner in Consumer No:NKL-4004 and permit to enjoy the water connection uninterruptedly.
iii) To declare that Ext.P8 Order issued by
the Respondents is illegal and without jurisdiction.
iv) Issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.”
2. When this writ petition came up for
consideration on 09.01.2012, this Court passed the
following order:
“Post after two weeks. In the meanwhile, status
3
WP(C) NO.615/2012
quo as on today shall be maintained in respect of the water connection to consumer No.NKL-4004. The learned Standing Counsel shall get instructions.”
3. Thereafter, when this writ petition came
up for consideration on 24.01.2012, this Court passed the following order:
“Admit.
Standing Counsel takes notice on behalf of the respondents and seeks time to file counter affidavit.
Post after two weeks.
Status quo as on today shall be maintained till then.”
4. Today when the matter came up for
consideration, the learned Standing Counsel submitted that, subsequently the petitioner purchased the property and there is nothing survives in this writ petition.
In the light of the above submission, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
DM
WP(C) NO.615/2012
4
APPENDIX OF WP(C) 615/2012
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RATION CARD NO:1735023667 ISSUED TO THE PETITIONER'S SON. EXHIBIT P2 TRUE COPY OF THE IDENTITY CARD NO:KL11/071/276398 DATED 05.01.1998 ISSUED BY THE ELECTION COMMISSIONER OF INDIA TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE BUILDING TAX RECEIPT DATED 26.12.2011 ISSUED BY THE SECRETARY, NJARAKKAL GRAMA PANCHAYATH TO THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE CONSENT LETTER OF THE PETITIONER'S NEIGHBOUR SMT.V.T.MAHESWARY EXHIBIT P5 TRUE COPY OF THE COMMUNICATION NO:M660640/11 DATED 29.11.2011 ISSUED BY THE DISTRICT COLLECTOR, ERNAKULAM TO THE 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF THE REQUEST MADE BY THE 2ND RESPONDENT TO THE SUB INSPECTOR OF POLICE, NJARAKKAL FOR POLICE PROTECTION. EXHIBIT P7 THE TRUE COPY OF THE INVOICE CARD IN NKL-4004 ISSUED BY THE WATER AUTHORITY, NJARAKKAL TO THE PETITIONER. EXHIBIT P8 THE TRUE COPY OF THE NOTICE DATED 06.01.2012 ISSUED BY THE RESPONDENTS TO THE PETITIONER.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
Malathy Amma W/o Late Karunakaran Nair
The Executive Engineer, Kerala Water Authority
The Assistant Executive Engineer, Kerala Water Authority
The Assistant Engineer, Kerala Water Authority
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
