KERALA WATER AUTHORITY Vs. INDUCHOODAN

JUDGEMENT

(1.) This writ appeal is filed against the judgment dated 17/12/2015 in W.P.C. No. 36993/2015. The writ petition has been filed by the 1st respondent herein for a direction to quash Ext.P4 and also for a direction to the respondent to immediately effect the supply of drinking water to the petitioners' premises on the basis of Ext.P2 application.

(2.) By Ext.P4, Assistant Engineer, Kerala Water Authority informed the petitioners that, in addition to the various requirements, they will have to produce necessary consent letter since they have submitted an application by which Common Street Main Extension (CSME) connection is required. The learned Single Judge, however, having taken note of the contention urged by the petitioners that they have only nine dwelling units, and they have converted one dwelling unit into a commercial unit, directed them to file an affidavit and necessary proof before the respondent to show that the actual dwelling units are only 9 and the respondent was directed to consider the application and issue necessary orders, if the documents are genuine and have not exceeded 10 units and less than 10,000 sq.metre plinth area.

(3.) Impugning the aforesaid judgment, the learned counsel for the appellant placed reliance on certain provisions of the Kerala Water Supply and Sewerage Act 1986 (hereinafter referred to as 'the Act') and the Regulations framed thereunder. According to him, as per Sec. 38A of the Act, water supply to flats and multi-storied building has to be granted in terms with the said provision. Reference has been made to Regulations 7(d) and 7(g) of the Kerala Water Authority (Water Supply) Regulations, 1991 , which reads as under: