High CourtsSingle Bench(2012) 09 KL CK 0087

Galaxy Developers and P.A. Jinas vs Asst. Executive Engineer, Kerala Water Authority, Kerala Water Authority and State of Kerala

High Court Of Kerala · Decided on 14 September 2012

HON’BLE JUDGES
T.R. Ramachandran Nair, J
CASE NUMBER
Writ Petition (C) No''s. 17813 and 17841 of 2012 (B)

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Judgment

4 paragraphs · 387 words

T.R. Ramachandran Nair, J.—Both these writ petitions are filed by the same petitioners. In W.P. (C) No. 17813/2012 the prayer sought is to direct the respondents to provide water connection to the petitioners in respect of Door No. X/420A11, Galaxy Greens, Kakkanad, Ernakulam and in W.P. (C) No. 17841/2012 also a similar direction has been sought for in respect of Door No. X/420-A20, Galaxy Greens, Kakkanad, Ernakulam. The averments in the writ petitions show that the petitioners have filed applications for water connection produced as Ext.P2 in both the writ petitions dated 09.06.2011 and aggrieved by the delay in the matter, these writ petitions have been filed.

2.

Learned Standing Counsel for the Kerala Water Authority on getting written instructions submits that site verification and feasibility report were sought for and it was found that the site plan submitted by the petitioners is wrong due to the reason that in the plan it has been shown that the water connection is proposed to be taken from a 110mm PVC distribution main laid at Rajagiri Valley Road. But there is no such distribution main in that road. The pipe line existing in that road has diameter of 50mm only. As per the Kerala Water Supply and Sewerage (Amendment) Act 2008, Section 38A, the water supply to multi storied building and flats having floor area above 1000m2, shall not be made from a distribution line having diameter of 150mm or less. Since the existing street main line has only 50mm in diameter and the premises to which the connection is proposed to be taken is a multi storied flat having more than 10000 Sqr.meter floor area, the proposal was denied. It is also stated that the plumber namely, Sri. B. Gopalakrishnan engaged for the work by the petitioners was informed about the error in the site plan and the reason for not giving process in the application.

In the light of the above, the petitioners will have to take steps to provide a site plan showing the details of the main line from which they want water supply. On the petitioners fulfilling the above conditions and on production of the site plan, due inspection will be made and further steps will be taken in the matter. Appropriate actions will be finalised expeditiously.

These writ petitions are accordingly disposed of.