IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 WP(C).No. 20592 of 2011(Y) ------------------------------------ PETITIONER: ------------------ K.V.SATHEESAN, AGED 72, S/O. LATE VASU, KADEYAPARAMBIL HOUSE, PALLURUTHY, KOCHI-6. BY ADVS. SRI. B.S.SURESH KUMAR SRI. R.ARUN (PALLURUTHY) RESPONDENTS: --------------------- 1. THE SECRETARY, COCHIN CORPORATION, ERNAKULAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, SUB DIVISIONAL OFFICE, KARUVELIPPADY, KOCHI-682 005. R1 - BY ADV. SRI.E.D.GEORGE. R2 - BY ADV. SRI.M.DINESH, SC, KWA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SCL. W.P.(C). NO. 20592/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REPRESENTATION DATED24.06.2011. P2: COPY OF THE ACKNOWLEDGE CARDS DULY SIGNED BY RESPONDENT 1 EVIDENCING RECEIPT OF EXT. P1. P3: COPY OF THE ACKNOWLEDGE CARDS DULYSIGNED BY RESPONDENT 2 EVIDENCING RECEIPT OF EXT. P1. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. SCL. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 20592 OF 2011 ------------------------------- DATED THIS THE 30TH DAY OF SEPTEMBER, 2011 JUDGMENT This writ petition is filed for a direction commanding respondents 1 and 2 to consider Ext.P1 representation and shift the public water tap from the middle of the private road to the side of the public road within a time frame. 2. Heard the learned counsel for the petitioner and the Standing Counsel for respondents 1 and 2. 3. Petitioner's house is situated on the southern side of a pathway having only 8 links width. The grievance of the petitioner is that the location of public water tap on the western corner of the pathway causes hindrance for the free usage of the pathway. Petitioner submits that he requested ever so many times before the authorities for shifting the public water tap from the middle of the pathway. Ext.P1 is one of the representations submitted. According to the petitioner, the respondents are not taking any -2- W.P.(C).No.20592/2011 action to shift the water tap. 4. When the matter was taken up for consideration today, the learned counsel for the 2nd respondent submits that they are willing to shift the public water tap from the middle of the pathway. The Standing Counsel for the lst respondent-Corporation submits that the Corporation will pay the expenses for shifting the water tap. The above submissions are recorded. Considering the facts and circumstances of the case, the writ petition is disposed of directing the 2nd respondent to shift the public water tap from the middle of the pathway within a period of one month from today. After completing the shifting work, the 2nd respondent can demand payment from the lst respondent- Corporation and in that event the Corporation shall pay the expenses incurred by the 2nd respondent within two weeks from the date of receipt of the demand. HARUN-UL-RASHID, Judge. kcv.