IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 19477 of 2011(H) ---------------------------------------- PETITIONER(S): ------------------------- PHILO ROCHA, W/O.JOHN ROCHA, KARICHERIVEETTIL, VALIAPPANPADY, VELIYATHUNADU, KARUMALLUR, U.C.COLLEGE P.O., NORTH PARUR. BY ADVS. SRI.M.G.DEVIPRASADAN, SRI.SREEDHARAN KARATTA. RESPONDENT(S): --------------------------- 1. ASSISTANT ENGINEER, KERALA WATER AUTHORITY, ALUVA - 683 101. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, WATER RESOURCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. PIN - 695 001. R1 BY ADV. SRI. M.DINESH,SC, KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.19477/2011 H APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RESIDENCE CERTIFICATE DTD. 1/03/2011 ISSUED BY VILLAGE OFFICE, KARUMALLUR. P2: COPY OF THE ELECTRICITY DEMAND NOTICE DTD. 18/06/2011. P3: COPY OF THE IDENTITY CARD ISSUED BY ELECTION COMMISSION OF INDIA TO THE PETITIONER. P4: COPY OF THE MEDICAL REPORT ISSUED FROM DON BOSCO HOSPITAL, N.PARUR. P5: COPY OF THE REPRESENTATION FILEDBY PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 19477 OF 2011 ----------------------------------------------------- Dated this the 21st day of July, 2011 J U D G M E N T Petitioner is an aged lady, residing in her tharavadu property. From the pleadings as well as from the materials available it is seen that the petitioner is a cancer patient. In this writ petition the prayer sought for by the petitioner is for a direction to the respondent to give her water connection into her residential premises which according to her was denied for the reason that the petitioner could not produce the possession certificate of the property. It is stated that such possession certificate could not be produced for the reason that a civil dispute concerning the partition of the property is pending before the civil court. 2. On the other hand, learned Standing Counsel for the respondents submits that possession certificate is a condition precedent for entertaining an application for W.P.(C) No. 19477 OF 2011 :2 : water connection and that in spite of it, considering the nature of ailment of the petitioner, water authority is willing to consider the case of the petitioner as a special case. 3. Hence I direct that a water connection be given to the petitioner as sought for by her. However, as and when the civil litigation terminates, the consumer will produce the possession certificate issued by appropriate authority before the first respondent. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge