Kerala High Court
K.P. Rajendran vs Kerala Water Authority on 27 March, 2024
WP(C) NO. 41858 OF 2017
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 41858 OF 2017
PETITIONER/S:
K.P. RAJENDRAN
AGED 65 YEARS
S/O.PADMANABHAN, AGED 65 YEARS,KOOVAKAD HOUSE,
PACHALAM,COCHIN - 16.
BY ADV SRI.BIJU ABRAHAM
RESPONDENT/S:
1 KERALA WATER AUTHORITY
WATER WORKS SUB DIVISION, PALLIMUKKU,KOCHI - 16,
REPRESENTED BY THE EXECUTIVE ENGINEER.
2 AJITHKUMAR
S/O.LATE PADMANABHAN SHETTY,AGED 50 YEARS, KOOVAKKAD
HOUSE,PACHALAM, COCHIN - 16.
BY ADVS.
P.M.JOHNY
SRI.K.I.MAYANKUTTY MATHER
SRI.P.RAHUL
WP(C) NO. 41858 OF 2017
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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 41858 OF 2017
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JUDGMENT
Dated this the 27TH day of March 2024
Petitioner has approached this Court in this writ petition
seeking the following reliefs:
"A. A writ of certiorari or any other appropriate writ order or
direction setting aside/quash the condition imposed in
ext.P6 for granting water connection to the petitioner's
premises in Ext.P6.
B. A writ of mandamus or any other appropriate writ order
or direction commanding 1 st respondent to provide
water connection to the petitioner's premises within a
time fixed by this Hon'ble Court.
C. Any other appropriate writ order or direction as this
Hon'ble Court deem fit and proper on the facts and in
the circumstances of the case and allow this writ petition
with cost, for the ends of justice."
WP(C) NO. 41858 OF 2017
2. Petitioner is residing in a portion of his 'Tharavadu'
property. According to the petitioner, the property, in which he
is residing, has been allocated to him by judgment and decree
in O.S.No.510/98 of the Second Additional Sub Court,
Ernakulam.
3. Since there are disputes with regard to the amount
fixed for share, an appeal is pending before this Court as R.F.A.
No.178/2013. According to the petitioner, though separately
allotted portion of the building is in his occupation, he is yet to
obtain separate water and electric connections. Petitioner
applied for water connection to his premises and when the
same was delayed, he approached this Court by filing W.P.
(C)No.25828/2016, which was disposed of by judgment dated
01.11.2016 directing the respondent to provide water
connection to the petitioner. Thereafter, he claims to have paid
the requisite fee to the Water Authority and Corporation. When
the Water Authority, commenced their work, it was obstructed
WP(C) NO. 41858 OF 2017
by the 2nd respondent. When the work was obstructed by the 2 nd
respondent, Ext.P4 communication was issued to the petitioner
by the Assistant Engineer, Water Authority to that effect. The
Assistant Engineer stated that, if adequate protection is
provided, they are willing to complete the work relating to
water connection. On receipt of the above communication,
petitioner approached this Court by filing this writ petition.
4. Though notice was issued to the 2 nd respondent,
there is no appearance. When the matter was taken up for
hearing, the learned Standing Counsel submitted that the Water
Authority is willing to complete the work if adequate Police
protection is provided to ensure that no obstruction will be
caused by the 2nd respondent or anybody under him.
5. The right to get pure water is a fundamental right.
No one can be deprived of it. In Subhashkumar v. State of
Bihar [AIR 1991 SC 420] the Apex Court held that the right
to live includes the right of enjoyment of pollution free water
WP(C) NO. 41858 OF 2017
and air for full enjoyment of life. Hence denial of water
connection to the petitioner definitely infringes his fundamental
rights.
6. Having regard to the circumstances of the case, I
am of the view that petitioner is entitled to get water
connection in his premises.
7. Therefore, there will be a direction to the 1 st respondent
to provide water connection to the petitioner within two weeks
from the date of receipt of a copy of this judgment. In case any
obstruction is caused by the 2nd respondent or anybody under
him, the petitioner as well as the 1st respondent will be at
liberty to approach the jurisdictional Station House Officer of
Police and seek police protection to complete the work. On
receipt of such request along with a copy of this judgment, the
S.H.O. concerned shall provide sufficient protection for
completion of the work to the staff and labourers of the Water
Authority. Learned Counsel for the petitioner submitted that the
WP(C) NO. 41858 OF 2017
Ernakulam North Police Station is the jurisdictional Police
Station. Therefore, the S.H.O. of the said Police Station shall
take appropriate action as directed above.
The writ petition is disposed of accordingly.
Sd/
S.MANU, JUDGE
jm/
WP(C) NO. 41858 OF 2017
APPENDIX OF WP(C) 41858/2017
PETITIONER EXHIBITS
EXHIBIT P1. A TRUE COPY OF THE FINAL DECREE IN
O.S.NO.510/1996 DATED 31.10.2012 OF THE SUB
COURT, ERNAKULAM.
EXHIBIT P2. A TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.25828/2016 DATED 01.11.2016 OF THIS
HON'BLE COURT.
EXHIBIT P3. A TRUE COPY OF THE LETTER DATED 28.01.2017 OF
THE PETITIONER TO THE 1ST RESPONDENT.
EXHIBIT P4. A TRUE COPY OF THE COMMUNICATION GIVEN BY THE
1ST RESPONDENT TO THE PETITIONER DATED
31.01.2017.
EXHIBIT P5. A TRUE COPY OF THE ORDER IN R.P.NO.185/2017
IN W.P.(C) NO.25828/2016 DATED 27.02.2017 OF
THIS HON'BLE COURT.
EXHIBIT P6. A TRUE COPY OF THE PROCEEDINGS OF THE 1ST
RESPONDENT NIL DATED.
