Kerala High Court
RP/405/2025 of KERALA WATER AUTHORITY Vs KALYAN MARVELLA APARTMENT OWNERS ASSOCIATION on 10 April 2025
OF 2025 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR & THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 RP NO. 405 OF 2025 AGAINST THE JUDGMENT DATED 13.02.2024 IN WA NO.198 OF 2024 OF HIGH
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
RP NO. 405 OF 2025
AGAINST THE JUDGMENT DATED 13.02.2024 IN WA NO.198 OF
2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER(S):
KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR 'JALA
BHAVAN', VELLAYAMBALAM THIRUVANANTHAPURAM, PIN - 695033
THE CHIEF ENGINEER
OFFICE OF THE CHIEF ENGINEER, KERALA WATER
AUTHORITY, CENTRAL REGION P.A SAYED MOHAMMED
MEMORIAL BUILDING HOSPITAL ROAD, ERNAKULAM, PIN - 682011
THE SUPERINTENDING ENGINEER
OFFICE OF THE SUPERINTENDING ENGINEER KERALA
WATER AUTHORITY, PUBLIC HEALTH CIRCLE HOSPITAL
ROAD, ERNAKULAM, PIN - 682011
THE EXECUTIVE ENGINEER
OFFICE OF THE EXECUTIVE ENGINEER KERALA WATER
AUTHORITY WATER SUPPLY DIVISION PAPPALI LANE, MARKET ROAD, ERNAKULAM NORTH P.O, PIN - 682018
THE ASSISTANT ENGINEER
OFFICE OF THE ASSISTANT ENGINEER KERALA WATER
AUTHORITY WW SECTION NO: 3 PALLIMUKKU, ERNAKULAM, PIN - 682016
BY ADV GEORGIE JOHNY
RESPONDENT(S):
KALYAN MARVELLA APARTMENT OWNERS ASSOCIATION
'KALYAN MARVELLA', GIRINAGAR KADAVANTHARA, ERNAKULAM, (AN ASSOCIATION REGISTERED UNDER THE
TRAVANCORE-COCHIN LITERARY, SCIENTIFIC AND
CHARITABLE SOCIETIES REGISTRATION ACT, 1955)
REPRESENTED BY ITS SECRETARY MR. BALAMURALI. M, AGED 52 YEARS, SON OF G. VARIJAKSHAN, RESIDING AT
7B 'KALYAN MARVELLA' GIRINAGAR, KADAVANTHARA, ERNAKULAM., PIN - 682020
KALYAN DEVELOPERS
TC 35/ 1403, SREEKRISHNA BUILDING, WEST PALACE
ROAD, VADAKKECHIRA DESOM, THIRUVAMBADY
P.O,THRISSUR, (A PARTNERSHIP FIRM REPRESENTED BY
ITS MANAGING PARTNER KARTHIK RAMANI),, PIN - 680022
SECRETARY
CORPORATION OF KOCHI, PIN - 682011
BY ADV K. JANARDHANA SHENOY
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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O R D E R
Dated this the 10
th day of
April
NITIN JAMDAR, C.J. Heard Mr. Georgie Johny, learned Standing Counsel appearing for the Kerala Water Authority.
2. This Review Petition is filed along with an application for condonation of delay in respect of the judgment delivered by the Division Bench of this Court dated 13 February 2024 in W.A.No.198/2024. The appeal arose from an interim order passed by the learned Single Judge directing the Appellant Authority to grant drinking water connection to the Petitioners pending the writ petition. The writ petition is still pending before the learned Single Judge.
3. We are informed that pursuant to the interim order, water connection has already been given to the Original Petitioners. The learned counsel for the Review Petitioner submits that however the interim order passed by the learned Single Judge having been confirmed by the Division Bench of this Court, judgment of the Division Bench being cited as a precedent in law against the Authority for direction to provide drinking water connection irrespective of any other legal position. Therefore, a review is sought of the judgment dated 13 February 2024.
4. The appeal arose from an interim order. The judgment dated 13 February 2024 does not lay down the absolute proposition of law that legal provisions need not be looked at. As far as the present proceedings are concerned, the question of law does not arise as the water connection is already been provided and the order is acted upon. Since the judgment of Division Bench of this Court under review arose only from an interim order and is not a binding precedent on law, we do not deem it necessary to review the judgment dated 13 February 2024. All contentions of the parties are kept open to be heard in the pending writ petition.
5. Accordingly, both the application for condonation of delay and the Review Petition are disposed of. Sd/-
NITIN JAMDAR CHIEF JUSTICE Sd/- V.G.ARUN JUDGE uu