IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

THURSDAY, THE 6^TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946 WP(C) NO. 20382 OF 2022 PETITIONERS:

1 ASWATHY.P., AGED 37 YEARS W/O GINI RAJENDRAN, RAJENDRA VIHAR, MERA-78, KULAPPARAKONAM ROAD, MANNANTHALA, THIRUVANANTHAPURAM-695015.

2 GINI RAJENDRAN, AGED 41 YEARS, S/O P.G.RAJENDRAN, RAJENDRA VIHAR, MERA-78, MANNANTHALA, THIRUVANANTHAPURAM-695015.

3 SUDARSHANAN.L, AGED 48 YEARS, S/O LAMBODHARAN.A, T.C. 6/2021, SUNITHA BHAVAN, THURUVIKKAL, THIRUVANANTHAPURAM-695011.

4 VIJAYAN.L, AGED 52 YEARS, S/O ISAAC, PANANVILA HOUSE, USHAS NAGAR, PANGAPPARA.P.O., THIRUVANANTHAPURAM-695561.

5 RAJESH.S, AGED 46 YEARS, S/O SUKUMARAN NAIR, T.C. 6/568-2, VELLETTIL VEEDU, THURUVIKKAL.P.O., THIRUVANANTHAPURAM-695011.

BY ADVS.

AYYAPPAN SANKAR S.HRIDYA RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2 THIRUVANANTHAPURAM MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY, CORPORATION BUILDINGS, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM-695 033.

3 THE SECRETARY,, HIRUVANANTHAPURAM MUNICIPAL CORPORATION, CORPORATION BUILDINGS, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM - 695 033.

4 KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR, JALA BHAVAN, VIKAS BHAVAN.P.O., THIRUVANANTHAPURAM-695 033.

5 THE SPECIAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

BY ADVS.

N.NANDAKUMARA MENON (SR.)

SHRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION SUMAN CHAKRAVARTHY, SC, THIRUVANANTHAPURAM CORPORATION OTHER PRESENT: SMT.K.R.DEEPA, SPL.GP, SRI.P.M.JOHNY, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MOHAMMED NIAS C.P., J.

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WP(C)No.20382 of 2022 ---------------------------------------------

Dated this the 6^th day of June, 2024

JUDGMENT

This is the fourth round of litigation at the instance of the petitioner who had challenged Ext.P4 bye-law issued by the Thiruvananthapuram Corporation regarding water supply, within the Corporation. This Court had earlier in the judgment dated 19.8.2020 in WP(C) No.15771/2020 directed the Government to consider the contentions raised by the petitioner on the power of the Corporation to control the private business of the petitioner for supply of water through private tanker lorries. The Government had passed orders purportedly in compliance with the directions in the aforementioned judgment on 21.5.2021, which was challenged again in WP(C) No.6150/2022, wherein, it was found that the said order did not comply with the directions of this Court in the judgments in WP(C) No.15771/2020 or WA No.1441/2020, and accordingly quashed the said order and directed the Government pass a proper reasoned order considering the contentions of the petitioner and quashed Ext.P31 order in that case dated 21.5.2021.

2. The present writ petition challenges the order passed after the directions in the above judgment dated 25.4.2022. Though the argument of the petitioner that the Corporation had no authority to issue such a bye-law and most of their contentions are noticed in the order, without any reasoned order dealing with the same, the present impugned order is seen passed. One paragraph of the impugned order is extracted hereunder.

“

(9) The cardinal contention in this dispute is the competency of the corporation to enact such a Bye-law regulating the water supply business of the petitioners. The Bye-law is questioned on the grounds of section 567,571,572,315,315 A and 315 B Of the Kerala Muncipalities Act, 19994. Even in a plain reading it can see that these sections never discourage the corporations, as alleged by the petitioners from making by laws in matters allocated to them as far as the by-law are not inconsistent with the Kerala Muncipalities Act 1994. Section 571 stipulates the publication of