Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE3D DAY OF OCTOBER201311TH ASWINA, 1935 WP(C).No. 31082 of 2012 (I) ---------------------------- PETITIONER(S): -------------- 1. MATHEWS JOHN S/O.K.M.JOHN, JEEVAN, SETHAMMA COLONY CHENNAI, TAMILNADU REPRESENTED BY HER POWER OF ATTORNEY HOLDERS MATHEW JOSEPH PUTHUSSERIL DOOR NO.39/4186-A, M.G.ROAD, RAVIPURAM KOCHI AND SAIRA MATHEW DOOR NO.39/4186-A, M.G.ROAD RAVIPURAM, KOCHI.
2. SUSAN MATHEWS W/O.MATHEWS JOHN, JEEVAN, SETHAMMA COLONY CHENNAI, TAMILNADU REPRESENTED BY HER POWER OF ATTORNEY HOLDERS MATHEW JOSEPH PUTHUSSERIL DOOR NO.39/4186-A, M.G.ROAD, RAVIPURAM KOCHI AND SAIRA MATHEW DOOR NO.39/4186-A, M.G.ROAD RAVIPURAM, KOCHI.
3. SUSAN MARIA ALEXANDER T.C.16/1706, KODIATH HOUSE, KUKKILIYAR LANE JAGATHY, THIRUVANANTHAPURAM REPRESENTED BY HER POWER OF ATTORNEY HOLDERS MATHEW JOSEPH PUTHUSSERIL DOOR NO.39/4186-A, M.G.ROAD, RAVIPURAM KOCHI AND SAIRA ATHEW DEOOR NO.39/4186-A, M.G.ROAD RAVIPURAM, KOCHI.
4. ANSU SUSAN ALEXANDER T.C.16.1706, KODIATH HOUSE, KUKKILIYAR LANE JAGATHY, THIRUVANANTHAPURAM REPRESENTED BY HER POWER OF ATTORNEY HOLDERS MATHEW JOSEPH PUTHUSSERIL DOOR NO.39/4186-A, M.G.ROAD, RAVIPURAM KOCHI AND SAIRA MATHEW DOOR NO.39/4186-A, M.G.ROAD RAVIPURAM, KOCHI. BY ADV. SRI.D.KISHORE RESPONDENT(S): -------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY KERALA WATER RESOURCES DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. WP(C).No. 31082 of 2012 (I) 2. THE EXECUTIVE ENGINEER SEWERAGE DIVISION, PATTOOR, KERALA WATER AUTHORITY THIRUVANANTHAPURAM-695024.
3. THE ASSISTANT EXECUTIVE ENGINEER SEWERAGE SUB DIVISION (N), KERALA WATER AUTHORITY PATTOOR, THIRUVANANTHAPURAM-695024.
4. THE KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM-695001.
5. THE CHIEF ENVIRONMENTAL ENGINEER THE KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, THIRUVANANTHAPURAM-695001. R2,R3& 4 BY ADV. SRI.GEORGE MATHEW, SC, KERALA WATER AUTHORITY R1 BY GOVERNMENT PLEADER SMT. M.J RAJASREE R5 BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0310-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31082 of 2012 (I) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1: TRUE COPY OF THE SALE DEED DATED278.1992. EXHIBIT-P2: TRUE COPY OF THE PROCEEDINGS NO.DB1-SS DVN- 89/2012 DATED315.2012 OF THE3D RESPONDENT. EXHIBIT-P3: TRUE COPY OF EXPLANATION DATED106.2012 SUBMITTED BY THE PETITIONER BEFORE THE3D RESPONDENT. EXHIBIT-P4: TRUE COPY OF PROCEEDINGS NO.DB1-SS DVN-89/2012 DATED186.2012 OF THE3D RESPONDENT. EXHIBIT-P5: TRUE COPY OF THE MEMORANDUM OF APPEAL DATED226.2012 SUBMITTED BY THE PETITIONERS BEFORE THE2D RESPONDENT. EXHIBIT-P6: TRUE COPY OF THE JUDGMENT
DATED276.2012 IN W.P.(C) 14/912 OF2012 EXHIBIT-P7: TRUE COPY OF THE PROCEEDINS NO.A-20/2012 DATED247.2012 OF THE3D RESPONDENT. EXHIBIT-P8: TRUE COPY OF THE EXPLANATION DATED88.2012 SUBMITTED BY THE POWER OF ATTORNEY HOLDER OF SMT.SUSAN ALEXANDER TO EXHIBIT-P7. EXHIBIT-P9: TRUE COPY OF THE PROCEEDINGS NO.A-20/2012 DATED1910.2012 OF THE3D RESPONDENT. EXHIBIT-P10: TRUE COPY OF THE EXPLANATION DATED2610.2012 SUBMITTED BY THE POWER OF ATTORNEY HOLDER OF SMT.SUSAN ALEXANDER TO EXHIBIT-P9. EXHIBIT-P11: TRUE COPY OF THE PROCEEDING NO.KWA/SMD DATED2611.2012 OF THE2D RESPONDENT. EXHIBIT-P12: TRUE COPY OF THE PROCEEDINGS NO.KWA/SMD/E1/769/2012 DATED712.2012 OF THE2D RESPONDENT. EXHIBIT P13: TRUE COPY OF THE BUILDING PERMIT ALONG WITH APPROVED PLAN DATED251.2008 ISSUED BY THE PETITIONERS. EXHIBIT P14: TRUE COPY OF THE CIRCULAR NO. PCE/T4/115/97 DATED224.2010 ISSUED BY THE5H RESPONDENT. EXHIBIT P15: TRUE COPY OF THE PROCEEDINGS NO.A-20/2012 DATED67.2013 OF THE3D RESPONDENT. EXHIBIT P16: TRUE COPY OF THE APPLICATION ALONG WITH DOCUMENTS SUBMITTED BY THE PETITIONERS BEFORE THE3D RESPONDENT. EXHIBIT P16(a): TRUE COPY O FTHE ACKNOWLEDGEMENT RECEIPT ISSUED FROM THE OFFICE OF THE3D RESPONDENT EVIDENCING THE RECEIPT OF EXT.P16. RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A. TO JUDGE. P.R. RAMACHANDRA MENON, J.
======================== W.P.(C). No. 31082 of 2012 -------------------------------------------- Dated this the 3rd day of October, 2013 JUDGMENT
The petitioners have approached this Court with the following prayers: "a. Call for the records leading to the passing of Exts.P2, P4, P9 and P11 proceedings and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction. b. Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 2 and 3 to reconsider the application submitted by the petitioners under Section 47 of the Water Supply and Sewerage Act, with notice to the petitioners as expeditiously as possible. c. Declare that the petitioners are entitled to have their existing Sewerage connection to 28 cents of property in Sy.No. 391/1-7 and 1-8 of Thycaud Village, upgraded on like terms as fixed by respondents 2 to 4 without insisting for the installation of Sewerage Treatment Plant and consent from the 5th respondent as there were no such stipulations at the time of issuance of the building permit to the petitioners." 2. The learned counsel for the petitioners submits that, during the pendency of the proceedings, the respondent Water Authority has issued Ext.P15 proceedings bearing No. A-20/2012 dated 06.07.2013, whereby it has been let known that, as per order dated 19.06.2013 of the Managing Director of the Water Authority, Sewerage connection to W.P.C. No.31082 of 2012 -2- multistoried flat buildings can be considered; subject to the feasibility, without insisting for individual Sewerage Treat Plant and in turn, the petitioner was required to apply for a new sewer connection with revised proposals and estimate through the licensed Plumber. Pursuant to Ext.P15, the petitioner approached the Water authority by submitting Ext.P16. The prayer is only to cause the same to be considered and disposed of in the light of Ext.P15.
3. Heard the learned Standing counsel for the Water Authority and also the learned Standing Counsel for the Pollution Control Board.
4. In the above circumstance, the writ petition is disposed of, directing the 2nd respondent to consider and pass appropriate orders on Ext.P16 in the light of Ext.P15 in accordance with law at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment. In view of Ext.P15, it is made clear that, Ext.P11 stands superseded and no separate orders are required in this regard. Interim order passed by this Court on 20.12.2012, which was being extended from time to time, will stand extended till the finalization of the proceedings as aforesaid. P.R. RAMACHANDRA MENON, JUDGE. kp/-