IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 WP(C).No. 16096 of 2010(J) -------------------------- PETITIONER(S): --------------- KANNOLI PATHU @ FATHIMA HAJJUMMA, W/O. IBRAHIM, MINARA, V.O.ROAD, VATAKARA, KOZHIKODE DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): --------------- THE ASSISTANT EXECUTIVE ENGINEER, WATER SUPPLY PROJECT DIVISION, KERALA WATER AUTHORITY, VATAKARA, KOZHIKODE DISTRICT. ADV. SRI.M.DINESH, SC, KWA FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 16096 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 31st day of May, 2010. J U D G M E N T The petitioner constructed a commercial building within the jurisdiction of the Vatakara Municipality. In respect of the construction, there was some dispute with the Municipality and by Ext. P1 judgment, this Court directed the Municipality to number the building provisionally subject to the result of the civil dispute pending between the petitioner and the Municipality in respect of the property. Pursuant thereto, the Municipality has numbered the building and the petitioner is paying property tax. The petitioner applied for water connection in the building by Ext. P4 application. Since the same was not considered, she approached this Court by filing W.P(C) No. 36593/2009 and obtained Ext. P5 judgment directing the respondent to consider the application filed by the petitioner for water connection. Pursuant thereto, the respondent has issued Ext. P6 directing the petitioner to comply with six conditions as follows: “1. Location plan showing existing service line and proposal line, proposed storage, proposed tap points, proposed meter point and other details. 2. The papers are to be submitted through and countersigned by a licenced plumber. 3. Documents showing ownership and possession of the building, giving building number. 4. Since the number allotted is seen to be provisional, a certificate from the municipality showing that it can be accepted by the KWA as proof of the ownership of the building (shops). 5. Other documents and fee as stipulated. 6. In the matter in hand it is seen that there is a dispute with regard to the ownership/of boundaries of the land. Therefore, a no objection certificate from the Municipality also is to be W.P.C. No. 16096/2010 -: 2 :- submitted. In the absence of such a certificate you have to execute an indemnity bond, indemnifying KWA and the officers in the format which will be handed over to you.” Petitioner's contention is that in the premises, there is already A water connection, which was obtained after complying with the condition nos. 1, 2, 3 and 5 and that in view of Ext. P1 judgment of this Court, the respondent cannot now insist on condition nos. 4 and 6. 2. I have heard the learned standing counsel for the respondent also. He would point out that the earlier connection was only a temporary connection for the purpose of construction of the building and the petitioner has applied for a connection to a shop in the building, which is a non-domestic connection for which the conditions have to be complied with separately. 3. I have considered the rival contentions in detail. 4. In respect of condition nos. 4 and 6, I do not think that the respondent can insist on the same in view of Ext. P1 judgment. However, in view of the fact that the connection is a non-domestic connection in respect of a shop to be started by the petitioner in the building, I am of opinion that the petitioner is liable to comply with condition nos. 1, 2, 3 and 5. Accordingly, the writ petition is disposed of with a direction to the respondent to give water connection to the petitioner if the petitioner complies with conditions 1, 2, 3 and 5 mentioned in Ext. P6 within a period of one month from the date when the petitioner complies with the said conditions. Sd/- S. Siri Jagan, Judge. Tds/