IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WP(C).No. 23493 of 2009(F) -------------------------- PETITIONER(S): --------------- 1. K.P.DILIP, AGED 56 YEARS, S/O.LATE PRABHAKARAN, FLAT NO.33, JM HABITAT, SASTHRI ROAD, VADUTHALA, KOCHI. 2. P.K.USHA DILIP, W/O.DILIP, FLAT NO.33, JM HABITAT, SASTHRI ROAD, VADUTHALA, KOCHI. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, ERNAKULAM. 2. TAHSILDAR, KANAYANNUR TALUK OFFICE. 3. ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PALLIMUKKU, KOCHI. 4. P.VIJAYACHANDRAN, PRESIDENT, JM HABITAT APARTMENT OWNERS' WELFARE ASSOCIATION (REGD), JM HABITAT, SASTHRI ROAD, VADUTHALA, COCHIN-682 023. R1, R2 BY GOVT. PLEADER SRI.I.V.PRAMOD R3 BY SRI.M.DINESH, S.C. R4 BY ADV. SRI.KKM.SHERIF SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SMT.SHEENA SAMUEL SRI.V.S.SHIRAZ BAVA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.23493 OF 2009 ------------------------------------------- Dated this the 24th day of November, 2009 JUDGMENT 1.The petitioners occupied a flat in a residential apartment complex. The 4th respondent is the president of the registered welfare association of the residents of that complex. The petitioners seek relief by way of a direction to the third respondent Assistant Engineer of the Kerala Water Authority to effect reconnection of water supply at the expense of the 4th respondent association. 2.The owners of the apartments enjoy water supply utilising seven consumer numbers allotted by the Water Authority to sever different persons, including the promotor and builder and some of the directors of the company which had built the structure. The water that is brought in through the seven consumer numbers is controlled by the residents' association and distributed to all the apartment owners. In times of WPC.23493/09 2 scarcity, water made available through tanker lorries is also appropriately used. The association, in terms of the resolutions drawn up in that regard, distributes the liability for water charges also. Some time in 1998, there was a meeting in which certain resolutions were drawn up. This is evidenced by Ext.R4(a). 3.In the aforesaid scenario, the complaint in the writ petition is about the alleged breach of duties and responsibilities by the apartment owners' association. The specific plea in the writ petition is that the association had no right to disconnect water supply to the petitioners. At the same time, the petitioners do not have a case that they are consumers of water supply directly from the Water Authority. Essentially, the disputes are between the petitioners on the one hand and the residents' association on the other. This is a matter relating to accounting between them and rights and liabilities as members of the residents' association and as owners of WPC.23493/09 3 apartments. The issue is also part of the common facilities which may be extended by disbursing expenditure. It is not for this Court to exercise authority under Article 226 of the Constitution of India and resolve the disputes between the apartment owners and owners' association. If the petitioners have any grievance, it is a matter to be taken up before other competent courts or jurisdictions where the matter could be tried after recording evidence. This writ petition is, hence, dismissed without prejudice. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.24/11.