Kerala

StateCommission

RP/15/52

ZACHARIAH VARGHESE - Complainant(s)

Versus

THE MANAGING DIRECTOR KERALA WATER AUTHORITY - Opp.Party(s)

NARAYAN R

25 May 2016

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION SISUVIHARLANE VAZHUTHACADU THIRUVANANTHAPURAM

REVISION PETITION NO.52/2015

JUDGMENT DATED: 25/05/2016

 (Filed against the order in CC No.117/02 on the file of CDRF,Alappuzha, dtd: 30/05/15)

 

PRESENT

 

JUSTICE SHRI.P.Q.BARKATH ALI       : PRESIDENT

 

SHRI.V.V.JOSE                                        : MEMBER

 

REVISION PETITIONERS

 

1. Zachariah Varghese.

          Altharamoottil, Thittamel,

          Chengannur

 

2. Mathew Varghese,

          Biju Nivas, Ward No. 17,

          Pandavanpara, Chengannur.

 

3. Dr. Alexios Mathew, Chempothara,

          Ward No. 16, Thittamel, Chengannur

 

4. Grace Mathew, B&G Cottage, Pandavanpara,

Thittamel, Chengannur.

 

5. N.C. George, Padinhare Nakkolikkal,

Thittamel, Chengannur (deceased)

 

(By Adv: Sri. Ranjith. R & Narayn. R)

 

                                                                             Vs.

 

OPPOSITE PARTIES

 

1. The Managing Director,

          Kerala Water Authority,

          Vellayambalam, Thiruvananthpauram

 

2. The Assistant Executive Engineer,

          Kerala Water Authority Sub Division,

          Mavelikkara – 690101

 

3. The Assistant Engineer,

          Kerala Water Authority,

          Kizhakkenada, Chenganoor – 689121.

 

          (By Adv: Sri. Issac Samuel)

 

JUDGMENT

 

JUSTICE SHRI. P.Q. BARKATH ALI     : PRESIDENT

          This is a revision petition filed by the complainants in CC 117/2002 on the file of CDRF, Alappuzha challenging the order of the forum dated May, 30, 2015 in EA 66/2004.

          2.      The facts in brief are those:  In the complaint on May 30, 2004, the forum passed an order directing the opposite parties, that is, water authority to provide water to the complainants and to pay a compensation of Rs.1,000/-There was also a direction that in the case non-compliance of this order within one month, the opposite parties are directed to pay Rs.10/- per day to the complainants.  Complainant filed the execution application for executing the order of the Forum.

          3.      Hon’ble High Court in writ petition no.18886/13 directed the forum to implement the order within six weeks.  Meanwhile in a revenue adalath on February, 27, 2015, both parties settled the matter.  It is alleged by the opposite parties that they have agreed to supply water to the complainants for two days in a week.  Based on this settlement forum dismissed   the execution application.  The complainants have come up in revision challenging the said order of the forum.

          4.      Heard both the counsels.  There is already an order of the forum dated May, 30, 2004 to give water to the complainants.  Opposite parties did not report the alleged settlement of the parties before the forum.  Thus as such an order of the forum subsists.   That being so forum is bound to execute that order.  That apart a decision taken in the revenue adalath cannot over ride the order passed by the forum.

          In the result, revision petition allowed.  The impugned order of the forum dismissing the execution application is set aside.  The matter is remanded to the forum for executing the order of the forum dated May, 30, 2004.  Both parties shall appear before the forum on 29/06/2016.

 

JUSTICE P.Q. BARKATH ALI       : PRESIDENT

 

V.V. JOSE          : MEMBER

 

 

 

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KERALA STATE CONSUMER

DISPUTES REDRESSAL COMMISSION

 SISUVIHARLANE VAZHUTHACADU

THIRUVANANTHAPURAM

 

 

REVISION PETITION NO.52/2015

JUDGMENT DATED: 25/05/2016

 

 

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