No Separate Water Connections for Individual Flats: Kerala HC [Read Judgment]
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.MOHAN M.SHANTANAGOUDAR
&
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 27TH DAY OF OCTOBER 2016/5TH KARTHIKA, 1938
WA.No. 1556 of 2016 () IN WP(C).16110/2015
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AGAINST THE JUDGMENT IN WP(C) 16110/2015 DATED 28-03-2016
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APPELLANT(S)/RESPONDENTS 2 & 3 :-
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1. THE KERALA WATER AUTHORITY
REP. BY ITS MANAGING DIRECTOR,
JALA BHAVAN, THIRUVANANTHAPURAM, PIN - 695 033.
2. ASSISTANT EXECUTIVE ENGINEER
KERALA WATER AUTHORITY,
KALOOR SUB DIVISION, KOCHI - 682 017.
BY ADV. SRI.GEORGE MATHEW, SC
RESPONDENT(S)/PETITIONERS & 1ST RESPONDENT :-
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1. V.K.SANKARANKUTTY, FLAT NO.2A J.M.MANOR,
SASTHA TEMPLE ROAD, KALOOR, KOCHI - 682 017.
2. M.JAYASANKAR, FLAT NO. 2A J.M.MANOR,
SASTHA TEMPLE ROAD, KALOOR, KOCHI - 682 017.
3. STATE OF KERALA
REP. BY SECRETARY IN-CHARGE OF
KERALA WATER AUTHORITY, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
R1 & R2 BY ADV. SRI.JACOB MATHEW MANALIL
R3 BY SR.GOVERNMENT PLEADER SRI.V.TEKCHAND
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27-10-
2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MOHAN M. SHANTANAGOUDAR, C.J
&
SATHISH NINAN, J.
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W.A. No.1556 of 2016
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Dated this the 27th day of October 2016
J U D G M E N T
Mohan M. Shantanagoudar, C.J
This writ appeal is filed by respondents 2 and 3 in W.P.(C)
No.16110 of 2015 against the judgment dated 28.3.2016 passed
therein.
By the impugned judgment, the learned Single Judge
directed the appellants to consider the application filed by the writ
petitioners/respondents 1 and 2 herein in terms of Regulation 7(d)
of the Kerala Water Authority (Water Supply) Regulations, 1991
(hereinafter called as 'the Regulations' for short).
Respondents 1 and 2 approached this Court with the
aforesaid writ petition seeking a direction to the Kerala Water
Authority (for short, 'KWA') to provide water connection to them and
to declare that they have a right to individual domestic connection.
The learned Single Judge, in the impugned judgment,
held that the writ petitioners could not be directed to apply for the
entire apartment complex in terms of Regulation 7(g) as they were
seeking only separate connections to individual apartments owned
W.A. No.1556 of 2016
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by each one of them and not a common connection to the apartment
complex. Based on this observation, certain other directions were
issued in favour of the writ petitioners.
2. It is not in dispute that respondents 1 and 2 are the
owners of two flats in the apartment complex, which consists of 64
apartments. They also need individual water connection directly
from the appellants. They do not want to share water, which is
supplied common to the apartment complex by the KWA, along with
others and in that regard, they approached this Court after having
failed in their attempt to get individual connections from the KWA.
3. We find that the learned Single Judge has ignored the
provisions of Section 38A of the Kerala Water Supply and Sewerage
Act, 1986 (for short, 'Act 1986') and the purport behind Regulation
7(g) read with Appendix - C to the Regulations. On a cohesive
reading of the aforementioned provisions, it is amply clear that it is
not open for the respective apartment owners in the apartment
complex to make application for getting water connection
individually. The individual apartment owners cannot be equated to
the owner of the independent houses under the provisions of the
Act, 1986 as well as the Regulations framed thereunder for this
purpose. Regulation 7(d) may be applicable in the case of one or
W.A. No.1556 of 2016
-: 3 :-
several houses situated in the same premises but bearing separate
house numbers and that cannot be applicable to an apartment
complex. Considering the facts and circumstances involved in the
case on hand, Regulation 7(g) is applicable herein and the said
Regulation also needs to be considered along with Appendix - C.
These provisions make it clear that the authorised
representative of the apartment complex will have to make
application seeking water connection to the apartment complex.
4. The question involved in this case is fully covered by two
judgments of the Division Bench of this Court in W.A. No.202 of
2016 and W.A. No.205 of 2016, which were disposed of on
31.3.2016, wherein, this Court, after setting aside the similar
judgments passed by the learned Single Judge, directed the writ
petitioners to approach the KWA and seek water connection in
terms of Regulation 7(g) of the Regulations.
5. We do not find any ground to disagree with the reasons
assigned in the conclusion arrived at in W.A. Nos.202 of 2016 and
205 of 2016. Hence, the impugned judgment is liable to be set aside
and we do so. Consequently, W.P.(C) No.16110 of 2015 stands
dismissed. It is open for the writ petitioners to approach the KWA
as per Regulation 7(g) of the Regulations for appropriate reliefs. If
W.A. No.1556 of 2016
-: 4 :-
such an application is received, the same shall be considered by the
KWA, as early as possible, but not later than the outer limit of one
month from the receipt of such application.
The writ appeal is allowed accordingly.
Sd/-
MOHAN M. SHANTANAGOUDAR
CHIEF JUSTICE
Sd/-
SATHISH NINAN
JUDGE
//TRUE COPY//
P.A. TO JUDGE
Jvt/27.10.2016