NEVIL JOHN Vs. KERALA WATER AUTHORITY REPRESENTED

JUDGEMENT

(1.) The scope and meaning of the term 'multi storied building' as defined in Sec. 2(xva) of the Kerala Water Supply and Sewerage Act, 1986 (for brevity 'the Act'), arises for consideration in this writ petition.

(2.) The petitioner challenges Ext. P2 order issued by the 2nd respondent, whereby he was directed to establish a water pipeline termed as Contributory Street Main Extension (for short 'CSME') line, to obtain a water connection to his building. The petitioner also seeks for a direction to consider his application for the grant of domestic water connection to the first floor of his building.

(3.) The petitioner has constructed a two storied building in his property. Ext.P1 occupancy certificate was issued by the Kochi Corporation, wherein the nature of occupation is identified differently for each of the floors with 299.40 sq.m. at the ground floor, apart from 48.98 sq.m. as commercial, and 414.55 sq.m. in the first floor of the building as residential. Subsequent to the completion of construction, petitioner applied for grant of water connection under the domestic category only for the first floor of the building. However, by Ext.P2 communication dtd. 29/7/2025, it was informed that the petitioner has to draw a water line at his expense, from Banerjee Road, about 500m away from petitioner's plot, where the CSME line has been laid. According to the respondents, water connection to a multi storied building can be provided only from a CSME line having a minimum diameter of 150 mm. Petitioner challenges the said direction, as such a line will have to be drawn for about 500 meters at his own expense.