Kerala High Court
Unknown vs Anil Mathew on 23 March, 2021
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
WA 408/2021 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Tuesday,the 23rd day of March 2021/2nd Chaithra, 1943
For information purpose only
WA No.408/2021
Against Judgment dated 02-12-2020 in WP(C) No.11765/2019 of this Court.
APPELLANTS/PETITIONERS NO.1 & 2
1. ANIL MATHEW,AGED 48 YEARS,
S/O. K.V.MATHAI, KOZHAKKATTUTHOTTATHIL HOUSE, SPXII/193(9),
PALATHARA, POWDIKONAM P.O., THIRUVANANTHAPURAM, PIN-695 588
2. DR.SAKTHIBABU.R.L.,AGED 48 YEARS
S/O. RATNAKARAN THAMPI, TCX/2024 (I), PALATHARA, POWDIKONAM
P.O., THIRUVANANTHAPURAM, PIN-695 588
BY ADVS. M/S.AYSHA YOUSEFF, MOLLY JACOB & JOBI.A.THAMPI
RESPONDENTS/RESPONDENTS 1 TO 4 & PETITIONERS NO.3 & 4
1. THE KERALA WATER AUTHORITY,
REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN,
VELLAYAMBALAM, THIRUVANANTHAPURAM,KERALA,PIN-695 033
2. THE EXECUTIVE ENGINEER,
WATER WORKS, WEST SUB DIVISION, KERALA WATER AUTHORITY,
PONGAMOODU, THIRUVANANTHAPURAM,PIN-605011
3. THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM, 2ND FLOOR, CIVIL STATION BUILDING,
COLLECTORATE, THIRUVANANTHAPURAM,PIN-695 045
4. DREAMLAND RESIDENTS ASSOCIATION,
REPRESENTED BY ITS SECRETARY, POWDIKONAM P.O.,
THIRUVANANTHAPURAM, PIN-695 588
5. GIRIJA RAJEEVAN NAMBIAR,AGED 53 YEARS,
W/O. RAJEEVAN NAMBIAR, TC X/2024(2), PALATHARA, POWDIKONAM P.O.,
THIRUVANANTHAPURAM, PIN-695 588.
6. SMT.DEEPA VISWANATHAN,,AGED 29 YEARS,
W/O. VISHNU DAS, TC X/2024(3), PALATHARA, POWDIKONAM P.O.,
THIRUVANANTHAPURAM, PIN-695 588.
BY ADVS. SRI.P.BENJAMIN PAUL FOR R1 & R2
M/S.M.GOPIKRISHNAN NAMBIAR, JOSON MANAVALAN,
K.JOHN MATHAI, KURYAN THOMAS & PAULOSE C. ABRAHAM FOR R4
WA 408/2021 2/6
[p.t.o]
Prayer for interim relief in the Writ Appeal stating that in the circumstances stated in
the appeal memorandum the High Court be pleased to direct the 2nd respondent to allow the
appellants to proceed with the drawing of the pipeline through the private road by virtue of the
right conveyed to them as per Ext.P1 & P2 based on Ext.P6 & P6(a) work order, pending
disposal of the Writ Appeal.
For information purpose only
This Writ Appeal coming on for admission on 23.3.2021 upon perusing the appeal
memorandum, the court on the same day passed the following:-
[p.t.o]
msv/2 24.3.21
S.MANIKUMAR, C.J. & SHAJI P. CHALY, J.
---------------------------------
W.A.No.408 of 2021
---------------------------------
Dated this the 23rd day of March, 2021
For information purpose only
ORDER
S.MANIKUMAR, C.J.
Being aggrieved by the judgment of the writ court in W.P. (C)No.11765/2019 dated 2.12.2020, instant writ appeal is filed. Writ petition was filed seeking a declaration that the appellants/writ petitioners are entitled to get domestic water connection to their respective residential houses from the first respondent/the Kerala Water Authority, represented by its Managing Director by virtue of Ext.P6 series work orders and to quash Exts.P7 and P7(a) notices/stop memo and Ext.P12 notice.
2. Going through the materials on record, we find that the dispute mainly pertains to drawing of pipe lines for supply of water to the appellants' residential houses through a private road, which is stated to be exclusively meant for the members of the fourth respondent/Dreamland Residents Association. It is also evident from records that in the matter of drawing pipelines for the supply of water to the appellants/petitioners, respondent No.4 seemed to have suggested that there is an alternate pipe W.A.No.408 of 2021 :: 2 ::
line available at the north eastern side of the residential plots of the appellants/petitioners at a distance of 75m and that would be much more For information purpose only convenient for the appellants/petitioners to draw pipeline by extending the said connection, rather than drawing 250m long pipeline through the disputed private road.
3. However, before the writ court, appellants/writ petitioners seemed to have submitted that the said alternative route suggested by respondent No.4 is not feasible as the proposed route would come across the properties of third parties and puramboke land, for which consent of the third parties and Revenue Authorities have to be obtained. Moreover, the dispute regarding the laying of pipeline is also stated to be pending before the civil court. Taking note of the above also, writ court declined to grant the reliefs sought for in the writ petition.
4. Be that as it may, in our view, to settle the dispute amicably between the parties, we direct the Kerala Water Authority represented by the Managing Director, Thiruvananthapuram and the Executive Engineer, Water Works, West Sub Division, Kerala Water Authority, Thiruvananthapuram (respondent Nos.1 and 2) to cause inspection of the W.A.No.408 of 2021 :: 3 ::
subject site, consider the possibility of the alternative pipe line suggested by respondent No.4, likelihood of any pipe line passing through the property For information purpose only of third parties or puramboke land, if any, available near the proposed alternative route and thereafter, submit a report along with the sketch regarding the location of the alternative route suggested by respondent No.4. The said exercise be done, report and sketch be filed with measurements within a period of ten days from today, after giving notice to all the affected parties.
Post on 8.4.2021.
sd/-
S.MANIKUMAR CHIEF JUSTICE sd/-
SHAJI P. CHALY
JUDGE
jes
/true copy/ Sd/- ASSISTANT REGISTRAR
KLHC010007262021 6/6
EXHIBIT P1 - PHOTO COPY OF THE SALE DEED NO 129/2013 OF POTHENKODU SUB REGISTRY OFFICE IN FAVOR OF THE 1ST PETITIONER EXHIBIT P2 - PHOTO COPY OF THE RELEVANT PAGES SALE DEED NO 4092/2012 POTHENKODE SUB REGISTRY OFFICE EXHIBIT P6 - PHOTO COPY OF THE WORK ORDER DATED 27.9.2018 AND THE RECEIPT OF THE PAYMENTS THERE OF ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE 1ST PETITIONER EXHIBIT P6A - PHOTO COPY OF THE WORK ORDER DATED 27.9.2018 AND THE RECEIPT THERE OF ISSUED TO 2ND PETITIONER R For information purpose only EXHIBIT P7 - PHOTO COPY OF THE NOTICE DATED 16.10.2018 ISSUED BY THE 2ND RESPONDENT TO PETITIONERS 1 TO 3 EXHIBIT P7A - PHOTO COPY OF THE NOTICE DATED 19.11.2018 ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER EXHIBIT P12 - PHOTO COPY OF THE LETTER/NOTICE DATED 28.01.2019 ISSUED BY THE 2ND RESPONDENT