ANTONY Vs. KERALA WATER AUTHORITY

JUDGEMENT

(1.) Petitioner, one among the owners in occupation of a ground plus 4 floor flat consisting of 8 independent apartments, namely, 'Metro Heights' having a total area of 908.69 M2 , evident from Ext.P1 occupancy certificate, has filed the writ petition seeking to quash Ext.P7 order, dtd. 17/1/2023 passed by the Assistant Executive Engineer, Water Works Sub Division, Kochi, directing the petitioner to submit an application for water connection, and deposit the amount for laying Contributory Street Main Extension (CSME) Pipeline in order to process the representation, dtd. 6/1/2023 made by the petitioner, on the basis of the direction issued by this Court in the judgment in W.P.(C.) No.40134/2022, dtd. 12/2/2022; and for other consequential reliefs.

(2.) Brief facts for disposal of the writ petition are as follows:-

(3.) The submission of the Kerala Water Authority is that the apartment complex of the petitioner would come under the definition of multi-storied building defined under the Act, 1986, since the entire apartment complex is exceeding five or more units, or having a total plinth area of 500 square meters or more; and therefore the petitioner is liable to apply for a CSME connection. Being so, according to the Kerala Water Authority, Ext.P7 communication issued by the Water Authority is in order and there is no illegality or arbitrariness requiring interference in a writ proceedings. Learned Standing Counsel has also invited my attention to Regulation 6 of the Kerala Water Authority (Water Supply) Regulations, 1991 (for short, 'the Regulations, '1991') and submitted that no house connection shall be given to any applicant, if in the opinion of the Assistant Executive Engineer, the pressure in the main is not sufficient for providing the connection and further that not more than one house connection shall ordinarily be given to a premises.