IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 4232 of 2009(D) --------------------------------------------- PETITIONER(S): ---------------------- BHARAT SANCHAR NIGAM LTD. REP. BY THE DIVISIONAL ENGINEER, KOCHI. BY ADV. SRI.K.KESAVANKUTTY, SC, BSNL RESPONDENT(S): ------------------------- 1. ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, W.W.SUB DIVISION, KOCHI. 2. EXECUTIVE ENGINEER, P.H.DIVISION, KERALA WATER AUTHORITY, PERUMANOOR, COCHIN-682015. 3. SPECIAL TAHSILDAR(RR), KOCHI. ADDL. R4. THE DISTRICT COLLECTOR, ERNAKULAM. (ADDL.R4 IS SUO MOTU IMPLEADED AS PER JUDGDMENT DATED 25.2.2009). R1 & R2 BY ADV. SHRI M. DINESH, SC, KWA. R3 &* R4 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.4232 OF 2009 D PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF THE LETTER DATED 15.03.2000 GIVEN BY THE SUB DIVISIONAL ENGINEER, CENTRAL TELEGRAPH OFFICE, COCHIN, MATTANCHERRY TO THE SECOND RESPONDENT. EXT.P2TRUE COPY OF THE LETTER DATED 05.022002 GIVEN BY THE SUB DIVISIONAL ENGINEER, CENTRAL TELEGRAPH OFFICE, COCHIN, MATTANCHERRY TO THE FIRST RESPONDENT. EXT.P3TRUE COPY OF THE LETTER DATED 08.02.2002 GIVEN BY THE FIRST RESPONDENT TO THE SECOND RESPONDENT. EXT.P4TRUE COPY OF THE CASH RECEIPT DATED 13.02.2002 ISSUED BY THE FIRST RESPONDENT IN FAVOUR OF THE PETITIONER. EXT.P5TRUE COPY OF THE LETTER DATED 13.02.2002 OF THE SUB DIVISIONAL ENGINEER, CENTRAL TELEGRAPH OFFICE, COCHIN GIVEN TO THE SENIOR SUPERINTENDENT OF TELEGRAPH (S.S.T.T.), COCHIN. EXT.P6TRUE COPY OF THE LETTER DATED 14.03.2003 GIVEN BY THE SUB DIVISIONAL ENGINEER, CENTRAL TELEGRAPH OFFICE, COCHIN TO THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, KOCHI - 11. EXT.P7TRUE COPY OF THE FORM 10 NOTICE DATED NIL ISSUED BY THE THIRD RESPONDENT IN FAVOUR OF THE PETITIONER. EXT.P8 TRUE COPY OF THE DEMAND NOTICE (FORM I) DATED 29.01.2009 ISSUED BY THE THIRD RESPONDENT IN FAVOUR OF THE PETITIONER. RESPONDENT'S EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 4232 OF 2009 D -------------------------------------- Dated this the 25th February, 2009 JUDGMENT Heard the learned counsel for the petitioner, learned standing counsel appearing for the respondent Water Authority and also the learned Government Pleader. Petitioner is a Public Sector Undertaking. The lis is between the petitioner and the Water Authority. In fact, Shri M. Dinesh, learned standing counsel points out that since the dispute is between two Public Authorities, the issue should be decided by a High Power Committee. The District Collector, Ernakulam is suo motu impleaded as the additional fourth respondent and the learned Government Pleader appears for him. There will be a direction to the additional fourth respondent to issue notice to the petitioner and respondents 1 and 2, and resolve the dispute between the parties within a period of two months from the date of production of a copy of this Judgment. Till such time as a WPC.4232/09 D 2 decision is taken, the interim order will continue. The Writ Petition is disposed of as above. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge