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High Court of KeralaWP(C)/27016/2015dismissed

M.P.Damodaran v. Assistant Engineer, Kerala Water Authority, Payyanur

2015-09-08Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 8TH DAY OF SEPTEMBER 2015/17TH BHADRA, 1937 WP(C).No. 27016 of 2015 (B) ---------------------------- PETITIONER :

--------------------- M.P. DAMODARAN AGED 56 YEARS, S/O.RAYARAPPAN, VALLUVA COLONY, KUNHIMANGALAM AMSOM EDANAD DESOM, P.O.EDAT, KANNUR TALUK.

BY ADVS.SRI.M.V.AMARESAN SRI.V.GANGADHARAN (VALIYAPARAMBATH) RESPONDENT(S) :

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

1. ASSISTANT ENGINEER KERALA WATER AUTHORITY, SECTION PAYYANUR, P.O.PAYYANUR KANNUR DISTRICT, PIN-670 307.

2. EXECUTIVE ENGINEER WATER SUB (W.S.)DIVION, KANNUR, PIN-670 001.

R1 & R2 BY ADV. SRI.JOSEPH JOHN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 27016 of 2015 (B) ----------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1TRUE COPY OF LEGAL NOTICE DATED 03.04.2015 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT.

EXT. P2TRUE COPY OF REPLY DATED 16.05.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER IN EXT.P1.

EXT. P3TRUE COPY OF REQUEST DATED 21.04.2015 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXT. P4TRUE COPY OF REPLY DATED 26.05.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER IN EXT.P3.

EXT. P5TRUE COPY OF REPLY DATED 27.05.2015 ISSUED BY THE PRESIDENT, KUNHIMANGALAM PANCHAYATH THROUGH A LAWYER TO THE COUNSEL OF THE PETITIONER.

RESPONDENT(S)' EXHIBITS : NIL --------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

------------------------------------- W.P.(C)No.27016 of 2015 ---------------------------------- Dated this the 8th day of September, 2015.

J U D G M E N T

The petitioner claims that he belongs to Valluva community-a Scheduled Caste. He has approached this Court seeking a prayer that the 1st respondent shall not give water connection outside the Valluva colony.

2. According to the petitioner, if the water connection is given outside the colony, it will result in scarcity of water. This Court is of the view that, it is in the province of the Water Authority to decide in what manner the distribution of water supply has to be given. If the petitioner finds that there is scarcity of water, necessarily he is free to take up the matter before the Water Authority officials to provide sufficient water. The petitioner cannot dictate that the Water Authority shall not give water connection outside the colony.

W.P.(C)No.27016 of 2015

3. The petitioner particularly refers to Ext.P4 and submits that there is already a report from the Assistant Engineer, KWA, showing that excess connection provided in the colony and also pointing out that further connection cannot be given unless a source is found out. It is also pointed out that the Assistant Engineer has not recommended for providing new water connection.

4. Necessarily, while giving new water connection, the authority shall adverted to the report of the Assistant Engineer as relied on by the petitioner as per Ext.P4. The writ petition is disposed of with the above observation.

Sd/- A.MUHAMED MUSTAQUE, Judge.

ami/ //True copy// P.A.to Judge