IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 17 of 2003(B)
1. P.V.STEPHEN, S/O.VARKEY PULLAN,
... Petitioner
Vs
1. THE KERALA WATER AUTHORITY, REPRESENTED
... Respondent
2. THE MANAGING DIRECTOR,
3. THE EXECUTIVE ENGINEER,
4. THE ASSISTANT EXECUTIVE ENVGINEER,
For Petitioner :SRI.JOHNSON MANAYANI
For Respondent :SRI.BABU VARGHESE, SC, KWA
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :28/11/2006
O R D E R
KURIAN JOSEPH, J.
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O.P.Nos.17 and 1915 OF 2003
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Dated this the 28th day of November, 2006
J U D G M E N T
Petitioners approached this court with certain grievances
regarding the steps taken by the respondents to disconnect the
water supply to their residential premises. It is seen that
pursuant to the interim orders, the service connections have been
restored. The main grievance of the petitioners is that, the
impugned action has been taken without affording an opportunity
for hearing to them. The stand taken in the counter affidavit is
that the connections have been obtained irregularly and
fraudulently. But who is responsible for the irregularity or fraud is
the question to be considered. Be that as it may, since petitioners
were enjoying the amenity of the water supply, before
disconnection they should have been afforded an opportunity for
hearing. In the above circumstances, these writ petitions are
disposed of making it clear that in case any action is to be taken
against the petitioners they shall be issued fresh notice and they
shall be afforded an opportunity for hearing in the matter. The
competent authority will pass an order stating the reasons and
O.P.Nos.17/2003 & connected cases :2:
communicate the same by registered post to the petitioners
before such action.
(KURIAN JOSEPH, JUDGE)
ps
O.P.Nos.17/2003 & connected cases :3:
KURIAN JOSEPH, J.
O.P.Nos.17 & 1915/2003
JUDGMENT
28th November, 2006