Kerala High Court
Jyothiskumar P.M vs State Of Kerala on 20 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
WP(C) NO. 28720 OF 2022
PETITIONER/S:
JYOTHISKUMAR P.M, AGED 52 YEARS
S/O. P.A. MANOHARAN, MRA 201.PALAPARAMBIL HOUSE,
MASTERINEPADAM ROAD, VADUTHALA P.O., ERNAKULAM -
680 028
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
PRAVEEN S.
DIPU JAMES
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, WATER RESOURCES
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 KERALA WATER AUTHORITY,
REP, BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA
BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695
033.
3 THE EXECUTIVE ENGINEER,
PUBLIC HEALTH DIVISION, KERALA WATER AUTHORITY,
PALLIMUKKU, ERNAKULAM, KOCHI - 682 016.
4 THE ASSISTANT EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY, PALLIMUKKU, ERNAKULAM,
KOCHI - 682 016.
5 THE ASSISTANT ENGINEER,
KERALA WATER AUTHORITY, PALLIMUKKU, ERNAKULAM -
682 016
-2-
W.P.(C). No. 28720 of 2022
BY ADV P.M.JOHNY
OTHER PRESENT:
SRI.V.V.JOSHI, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
W.P.(C). No. 28720 of 2022
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 28720 of 2022
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Dated this the 20th day of June, 2023
JUDGMENT
The above writ petition is filed with following prayers:
"i) to call for records leading to the issuance of Ext. P8
and similar communication and to issue writ in the nature
of certiorari or any other appropriate writ order or
direction quashing the same;
ii) to declare that the petitioner is entitled for water supply
connection to his building covered by Exts. P2 and P3;
iii) to issue a writ in the nature of mandamus or any other
appropriate writ, order or direction commanding
respondents to reconsider Exts. P6 and P7 application
submitted by petitioner and provide water supply
connection within a time frame as fixed by this Hon'ble
Court;
iv) to grant such other reliefs which this Hon'ble Court may
deem fit and proper in the interest of justice.
v) Dispense with the filing of the translation of Vernacular
docents." (sic)
2. The petitioner is the owner and in possession and
enjoyment of 3.52 Ares (8.70 cents) of garden lands comprised in Sy.
W.P.(C). No. 28720 of 2022
No.1059/1/19 in Block No.1 of Cheranelloor Village in Kanayannur
Taluk of Ernakulam District. It is submitted that the subject property
is situated abutting Masterline Padam road in Ward No. 32 of Kochi
Municipal Corporation. The petitioner constructed a building in the
property covered by Ext.P1 after obtaining all necessary permits from
the Corporation, is the submission. After construction it was assessed
and occupancy certificate and ownership certificate were also issued
by the Corporation as evident by Exts.P3 and P4. It is submitted that
the subject building consists of three apartments and three shop rooms
in the ground floor. Thereafter, petitioner applied for utility
connections, namely, electricity and water from authorities concerned.
Electricity connection was obtained but the water authority declined
the application submitted by the petitioner holding that C-SME
(Contributory Street Main Extension) is required. The main reason
for the same, according to the water authority, is that the subject
building owned by the petitioner will fall under section 38A of Kerala
Water Supply and Sewerage Act, 1984. But, according to the
petitioner, the subject building will not come under Section 38A of the
W.P.(C). No. 28720 of 2022
Kerala Water Supply and Sewerage Act, 1984. According to the
petitioner, in the light of clause 14 in Appendix B of Kerala Water
Authority (Water Supply) Regulations, 1991, the petitioner is entitled
the benefit of adjacent C-SME line. It is submitted that there are C-
SME connections provided by the water authority to adjacent multi-
storied projects. Hence, this writ petition is filed.
3. Heard the counsel for the petitioner and the Standing
Counsel for the Water Authority.
4. The counsel for the petitioner relied on clause 14 in
Appendix B of Kerala Water Authority (Water Supply) Regulations,
1991. It will be better to extract the same here:
"14 After charging the line the C-SME should be
unconditionally surrendered to the Authority. All such C-
SMEs will form part of the assets of the Authority. The
Assistant Executive Engineer will maintain a register for
the C-SME lines in which he will keep the proper records of
all the C-SME laid. Every month details of C-SME laid
should be intimated to the Executive Engineer and these
details should be maintained at the Executive Engineer's of
office in a register."
W.P.(C). No. 28720 of 2022
5. This court perused Ext.P8, the order rejecting the
application. It is not a speaking order. It only says that C-SME is
required. The petitioner submitted that he will be able to convince the
authorities that in the light of clause 14 in Appendix B of Kerala
Water Authority (Water Supply) Regulations, 1991, the petitioner is
entitled connection from the adjacent C-SME connections available.
If that be so, Ext.P8 rejection order can be set aside and there can be a
direction to the water authority to reconsider the matter in the light of
the above clause.
Therefore, this writ petition is disposed of in the following
manner:
1. The order rejecting the application as evident by Ext.P8
is set aside.
2. Respondents 4 and 5 will reconsider the application for
water connection submitted by the petitioner, in the light of
clause 14 in Appendix B of Kerala Water Authority (Water
Supply) Regulations, 1991, as expeditiously as possible, at
any rate within ten days from the date of receipt of a
W.P.(C). No. 28720 of 2022
certified copy of this judgment, after giving an opportunity
of hearing to the petitioner.
3. Respondents 4 and 5 are directed to consider the other
applications also submitted by the petitioner while deciding
the matter.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 28720 of 2022
APPENDIX OF WP(C) 28720/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF BASIC TAX RECEIPT
NO.KL07022106521/2022 DTD. 27.04.2022
ISSUED BY SPECIAL VILLAGE OFFICER,
CHERANELLOOR.
Exhibit P2 TRUE COPY OF PERMIT NO. ISO/COC/MOP7-
026405 DTD. 06.10.2020 ISSUED BY KOCHI
MUNICIPAL CORPORATION.
Exhibit P3 TRUE COPY OF OCCUPANCY CERTIFICATE OR
USE CERTIFICATE DTD. 23.04.2022 ISSUED
BY KOCHI MUNICIPAL CORPORATION.
Exhibit P4 TRUE COPY OF OWNERSHIP CERTIFICATE
NO.PMR2/1063/2022 DTD. 09.05.2022
ISSUED BY KOCHI MUNICIPAL CORPORATION.
Exhibit P5 TRUE COPY OF OWNERSHIP CERTIFICATE
NO.PMR2/1085/ 2022 . DTD. 11.05.2022
ISSUED BY KOCHI MUNICIPAL CORPORATION
Exhibit P6 TRUE COPY OF APPLICATION DETAILS DTD.
24.05.2022 DOWN LOADED FROM KWA PORTAL
IN RESPECT OF EXT. P4.
Exhibit P7 TRUE COPY OF APPLICATION DETAILS DTD.
24. 05.2022 DOWN LOADED FROM KWA PORTAL
IN RESPECT OF EXT. P5.
Exhibit P8 TRUE COPY OF MESSAGE DTD. 01.06.2022
DOWNLOADED FROM KWA PORTAL IN RESPECT
OF EXTS.P 6 AND P7.
