IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 7925 of 2010(M) ------------------------------- PETITIONER: -------------- Y.GEETHA, W/O.SUBHASH CHANDRA BOSE, RESIDING AT PUTHETHU HOUSE, MUTHUKULAM KARTHIGAPPALLY TALUK, ALAPPUZHA DISTRICT. BY MR.R.RAJASEKHARAN PILLAI, ADVOCATE. MR.R.SREEDHARAN NAIR, ADVOCATE. MS.SABINA JAYAN, ADVOCATE. RESPONDENTS: ------------------ 1. THE KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, HARIPAD. BY MR.M.DINESH, SC, KWA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.7925 OF 2010 --------------------------------------- Dated this the 16th day of March, 2010. J U D G M E N T The petitioner has filed this writ petition aggrieved by the disconnection of a public water tap situated in Survey No.402/4 of Muthukulam Grama Panchayath. It is the case of the petitioner that the said water tap was installed under the Indira Gandhi Potable Water Scheme in the year 1985. The petitioner had been drawing water from the said tap for domestic purposes for the last 25 years. 2. According to the petitioner, the nearby resident D.Viswanathan had been making false complaints against the petitioner and there were other disputes also. Exhibit P1 complaint is produced in support of the above plea. Presently, the water connection has been disconnected by the Executive Engineer without any notice. The said information was received by the petitioner going by Exhibit P3 letter dated 23.10.2009 of the Additional Chief Secretary addressed to the complainant W.P.(C) No.7925/2010 2 D.Viswanathan. Exhibit P4 is the representation filed by the petitioner before the Managing Director, Kerala Water Authority for reconnection. 3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Kerala Water Authority. Learned Standing Counsel for the Water Authority submitted that water connection was disconnected, even though it is a public tap, on the basis of the resolution by the Muthukulam Grama Panchayath dated 16.03.2009. According to the Panchayath, the petitioner had been misusing the public tap for own purposes and even by denying drinking water to nearby residents. It is further pointed out that an amount of Rs.14,000/- and above has been imposed as fine/penalty against the petitioner. 4. Since the petitioner has already filed a representation before the Managing Director, Kerala Water Authority as per Exhibit P4, there will be a direction to the Managing Director, KWA to consider the same and take appropriate decision after notice to the petitioner/her husband and the Muthukulam Grama Panchayath and any other parties within a period of three weeks W.P.(C) No.7925/2010 3 from the date of receipt of a copy of this judgment. The petitioner submitted an application for domestic water connection and Exhibit P2 receipt evidences the remittance of fee for the same. It is submitted by the learned Standing Counsel for the K.W.A that if the petitioner pays the amount now imposed as penalty/fine, the said connection can be given to her. Learned counsel for the petitioner submitted that so far no final communication has been received by the petitioner in that regard. The Executive Engineer, K.W.A will therefore, communicate the details of assessment of penalty/fine to the petitioner within a period of one week. It is upto the petitioner to pay the same for getting the water connection. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp