IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 26245 of 2007(Y) -------------------------- PETITIONER(S): --------------- O.B. MARIUMMA, AGED 60 YEARS, W/O. K.K. SAIDU KUTTY, KUNNAMKULATHU HOUSE, NEAR TOWN HALL, PROF. MATHEW PAILY ROAD, ERNAKULAM NORTH, KOCHI-682 018. BY ADV. SRI.G.HARIHARAN SRI.PMM.NAJEEB KHAN RESPONDENT(S): --------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, WATER SUPPLY (SUB DIVISION), KERALA WATER AUTHORITY, KALAMASSERY. 2. THE DEPUTY TAHSILDAR (R.R), KANAYANNUR TALUK, KALAMASSERY. 3. THE VILLAGE OFFICER, VAZHAKKALA VILLAGE, KAKKANAD, ERNAKULAM. 4. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD. ADDL. 5. DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE CELL, ERNAKULAM. ADDL. 6. THE DIRECTOR OF VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. ADDL. R5 AND R6 RESPECTIVELY ARE IMPLEADED AS PER ORDER DATED 11.4.2008 IN WPC AND ORDER ON IA NO. 9255 DATED 21.7.2008 R1 BY ADV. SRI.M.DINESH, SC, KWA R2 TO E6 BY GOVERNMENT PLEADER SRI. P.K. RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF BUILDING TAX RECEIPT ISSUED TO THE PETITIONER BY THE THRIKKAKARA GRAMA PANCHAYATH DATED 9.3.1998 EXT.P2 TRUE COPY OF CONSUMER CARD NO.5951 ISSUED TO THE PETITIONER BY THE KERALA WATER AUTHORITY. EXT.P3 TRUE COPY OF RECEIPT DATED 2.8.2007 ISSUED BY THE FIRST RESPONDENT. EXT.P4 TRUE COPY OF RECEIPT DATED 28.6.2006 ISSUED BY THE FIRST RESPONDENT. EXT.P5 TRUE COPY OF RECEIPT DATED 3.9.2003 ISSUED TO THE PETITIONER BY THE THRIKKAKARA GRAMA PANCHAYATH. EXT.P6 TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 16.4.2007 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. EXT.P7 TRUE COPY OF THE LAWYER NOTICE DATED 31.7.2007 ISSUED BY THE PETITIONER TO THE RESPONDENTS. EXT.P8 TRUE COPIES OF THE ACKNOWLEDGEMENT CARDS EVIDENCING RECEIPT OF THE LAWYER NSOTICE BY THE RESPONDENTS. EXT.P9 PHOTOCOPY OF THE ASSESSMENT REGISTER OF THE BUILDING OF THE PETITIONER KEPT BY THE THRIKKAKARA GRAMA PANCHAYATH DATED 7.9.2007 EXT.P10 PHOTOCOPY OF RECEIPT DATED 7.3.2008 ISSUED BY THE FIRST RESPONDENT. EXT.P11 PHOTOCOPY OF RECEIPT DATED 11.3.2008 ISSUED BY THE FIRST RESPONDENT. EXT.P12 TRUE COPY OF THE COVERING LETTER DATED 7.5.2008 1ST RESPONDENT'S EXHIBITS: EXT.R1(a) TRUE COPY OF CONNECTION ORDER. EXT.R1(b) TRUE COPY OF DETAILS OF METER READING AND ADJUSTMENT BILL. EXT.R1(c) TRUE COPY OF NOTICE ISSUED TO THE PETITIONER ON 3.6.2006 BY REGISTERED POST. EXT.R1(d) TRUE COPY OF LETTER SUBMITTED TO THE DISTRICT COLLECTOR. EXT.R1(e) TRUE COPY OF LETTER NO. HC (R) 478/05 DATED 9.8.2007 TRUE COPY P.S. TO JUDGE. C.N.RAMACHANDRAN NAIR, J. ---------------------- WP(C) No. 26245 of 2007 ------------------------------------ Dated, this the 11th day of April, 2008 O R D E R Since Executive Engineer, Kerala Water Authority, who conducted enquiry pursuant to interim order of this Court, re- commended vigilance enquiry in this matter, Deputy Superintendent of Police, Vigilance Cell, Ernakulam is impleaded as additional 5th respondent in the writ petition. 2. The Executive Engineer, Kerala Water Authority, Kochi will launch a complaint and along with it a copy of report, submitted in this Court, and records available with the Water Authority for the additional respondent to conduct enquiry pertaining to the four connections allegedly taken by the petitioner and to find out whether petitioner was the real person to whom connections were given, and if not, who are the real persons who enjoyed the connections, and who are responsible for giving connections etc. and also, who are responsible for failure or delay in collection of water charges. The additional 5th respondent should complete the enquiry and file a report in this Court within three months from now. 3. Since liability is prima facie established against the WP(C) No. 26245/2007 -2- petitioner, stay order is modified and extended by three months on petitioner remitting Rs.50,000/- within one month. Issue copy to learned counsel for petitioner, learned Government Pleader and Kerala Water Authority. (C.N.RAMACHANDRAN NAIR, JUDGE.) jg