NEETHA JOY Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) This writ petition is filed seeking the following reliefs:

(2.) Heard the learned counsel for the petitioner, the learned Standing counsel for the Kerala Water Authority and the learned Government Pleader.

(3.) It is submitted by the learned counsel for the petitioner that the request made by the petitioner for water connection has been rejected on the reason that the building has a plinth area of more than 1000 square meters and is therefore a 'flat'. It is stated that the insistence that connection can be taken from 160mm/150 mm pipe line only, considering the said building as a 'flat' is illegal. The learned counsel for the petitioner submits that the building in question has a plinth area of 849.54 metre square, excluding parking area. It is stated that going by the definition of 'Flat' in terms of Sec. 2(xa) of the Kerala Water Supply and Sewerage Act, 1986 (for short, 'the Act') the building is not a flat or a multistoried building as defined under Sec. 2(xva). It is therefore contended that the refusal to grant water connection to the petitioner is completely unsustainable.