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High Court of KeralaWP(C)/7772/2015disposed of

Maria Lucy P.R v. Corporation Of Kochi

2015-08-07Honourable Mr.Justice K.Vinod Chandran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 7TH DAY OF AUGUST 2015/16TH SRAVANA, 1937 WP(C).No. 7772 of 2015 (V) --------------------------- PETITIONER:

---------------------- MARIA LUCY P.R., THERUVIL HOUSE, EDAKOCHI.

BY ADV. SRI.P.P.JACOB RESPONDENT(S) :

------------------------------

1. THE CORPORATION OF KOCHI, OFFICE OF THE CORPORATION OF KOCHI, ERNAKULAM, PIN-682 011, REPRESENTED BY ITS SECRETARY.

2. THE ASSISTANT ENGINEER (ZONAL OFFICE), CORPORATION OF KOCHI, PALLURUTHY, KOCHI-682 006.

3. THE ASSISTANT ENGINEER, P.W.D.ROAD SECTION, MATTANCHERRY.

4. THE ASSISTANT ENGINEER, WATER SUPPLY SUB DIVISION, KARUVELIPPADY, ERNAKULAM, KOCHI-682 005.

R1 & R2 BY ADV. SRI.K.P.JUSTINE(KARIPAT)SC,COCHIN CORPN SRI.P.K.SOYUZ,SC,COCHIN CORPORATION R3 BY SR GOVERNMENT PLEADER SRI.BIJU MEENATTOOR R4 BY ADV. SRI.GEORGE MATHEW, SC, KERALA WATER AUTHORITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 7772 of 2015 (V) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1TRUE COPY OF THE COMMON JUDGMENT IN O.S. 549/93 AND O.S. 131/94 OF THE PRINCIPLE MUNSIFF'S COURT, KOCHI DATED 27-6-95.

EXHIBIT P2TRUE PHOTOCOPY OF THE DECREE IN O.S. 549/93 OF PRINCIPLE MUNSIFF'S COURT, KOCHI DATED 27-6-95.

EXHIBIT P3TRUE PHOTOCOPY OF THE ORDER IN WPC.NO.14938/13 DATED 27-6-2013.

EXHIBIT P4TRUE PHOTOCOPY OF THE ORDER DATED 24-2-2012 ISSUED FROM THE PWD OFFICE ROAD SECTION.

EXHIBIT P5TRUE PHOTOCOPY OF THE REPRESENTATION FIELD BY THE PETITIONER BEFORE THE RESPONDENTS 1 & 2 DATED 28-2-15. RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 7772 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 07th day of August, 2015

J U D G M E N T

The petitioner who has an easement right over the property of the Corporation for ingress and egress into his property seeks for drawing of a water connection through the said pathway. Admittedly, there is a road constructed in the said property owned by the Corporation through which the petitioner has an easement right. The Corporation has filed a counter affidavit saying that if a proper application is filed for laying the lines after providing the trenches for the pipes, the same shall be considered and the water connection will be drawn provided the petitioner pays the fees for the same. Recording the submission of the Corporation, writ petition is disposed of, making it clear that the filing of an application will not in any manner affect the easement right of the petitioner. Writ petition is disposed of.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge