Disposed

Cochin Community Welfare Society v. the Executive Engineer

Kerala HC17 Feb 2022WP(C)/4418/2022

Case brief

AI extract

What is this about?

This judgment arises from a writ petition filed by a charitable society running an old age home seeking a water supply connection. The court found that the respondent authority had delayed deciding on a requirement for tar cutting, causing hardship. It directed the National Highway Authority to decide on the petition within two weeks and the Water Authority to expedite the connection upon sanction

What did the court decide?

Respondent No. 3 directed to decide the application within two weeks; Respondent Nos. 1 and 2 directed to expedite water supply connection.

Cochin Community Welfare Society Vs the Executive… — Service and Employment | Kerala HC (2022)

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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 N.NAGARESH

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THURSDAY, THE 17^TH DAY OF FEBRUARY 2022/28TH MAGHA, 1943

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WP(C) NO. 4418 OF 2022

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PETITIONER:

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COCHIN COMMUNITY WELFARE SOCIETY NO.ER 127/1975, MARTHOMA PARSONAGE, MAHAKAVI BHARATHIYAR ROAD, KOCHI-682 035, REPRESENTED BY ITS SECRETARY

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BY ADVS. K.S.SANTHI ALEXY AUGUSTINE LATHA SUSAN CHERIAN GEORGE A.CHERIAN

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RESPONDENTS:

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1 THE EXECUTIVE ENGINEER KERALA WATER AUTHORITY, ERNAKULAM-682 011

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2 ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, WATER SUPPLY SECTION, PUTHENCRUZ

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3 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, MAVELIPURAM, KAKKANAD-682 030

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BY ADV P.M.JOHNY FOR R1 & 2 ADV.B.G.BIDEN CHANDRAN FOR R3

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.4418/2022

: 2 :

N. NAGARESH, J.

Dated this the 17^th day of February, 2022

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J U D G M E N T

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~ ~ ~ ~ ~ ~ ~ ~ ~

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The petitioner is a Charitable Society. They are having a project named 'Irene Homes' for senior citizens at Puthencruz. About 30 senior citizens are staying there.

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The petitioner applied for a water supply connection from the Kerala Water Authority. The 2^nd respondent-Assistant Executive Engineer sent Ext.P1 communication and Ext.P1(a) sketch to the 3^rd respondent seeking permission for tar cutting for the purpose of laying pipes. The 3^rd respondent has not taken any decision thereon so far.

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The delay in taking a decision in respect of the tar cutting is causing much hardship to the inmates of the old

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W.P.(C) No.4418/2022

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: 3 :

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age home, contends the petitioner. In the circumstances, the respondents are compellable to give water supply connection to the petitioner immediately after getting sanction from the 3^rd respondent.

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Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents.

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The petitioner has applied for a water connection from the Kerala Water Authority. For laying pipelines for supply of water, tar cutting is required. A permission from the National Highway Authority of India is necessary for the same. Therefore, the 2^nd respondent-Assistant Executive Engineer forwarded Ext.P1 application to the 3^rd respondent along with Ext.P1(a) sketch. Ext.P1 application is seen forwarded as early on 22.09.2020. Yet, no sanction is given so far, according to the petitioner. As the grievance relates supply of drinking water, this Court feels that the 3^rd respondent cannot sit idle on the application.

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In such circumstances, the writ petition is disposed of directing the 3^rd respondent to take a decision on

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W.P.(C) No.4418/2022

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: 4 :

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Ext.P1 application submitted by the 2^nd respondent within a period of two weeks from the date of receipt of a copy of this judgment. After getting application for tar cutting, respondents 1 and 2 will expedite grant of water supply connection to the petitioner. The petitioner is required to serve a copy of the writ petition and a certified copy of the judgment on the 3^rd respondent for compliance.

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Sd/-

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N. NAGARESH, JUDGE

aks/22.02.2022

W.P.(C) No.4418/2022

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APPENDIX OF WP(C) 4418/2022

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE LETTER DATED 22.09.20 ADDRESSED TO THE 3RD RESPONDENT Exhibit P1A TRUE COPY OF THE SKETCH ATTACHED TO THE LETTER DATED 22.9.20 Exhibit P2 TRUE COPY OF THE LETTER DATED 7.12.20 BY PETITIONER TO THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE REMINDER LETTER DATED 15.3.21 TO THE 3RD RESPONDENT

Cochin Community Welfare Society v. the Executive Engineer

Case brief

What is this about?

What did the court decide?

Cochin Community Welfare Society v. the Executive Engineer

Case brief

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