IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 8085 of 2004(K) ------------------------------------ PETITIONER: ------------------ R.CHELLAPPAN, S/O.RAMAKRISHNAN, AGED 60 YEARS, MULLUVILA VEEDU, MULLOOR.P.O., VIZHINGAM, THIRUVANANTHAPURAM. BY ADV. SRI.A.X.VARGHESE RESPONDENTS: ----------------------- 1. EXECUTIVE ENGINEER, KERALA WATER SUPPLY OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, NEYYATTINKARA. 3. EXECUTIVE ENGINEER, WATER AUTHORITY, KANJIRANGADU, THIRUVANANTHAPURAM. BY ADV. SRI.M.DINESH, SC, KWA - R1 TO R3 SRI.BABU VARGHESE, SC, KWA – R1 TO R3 SRI.THOMAS MATHEW NELLIMOOTTIL,SC,KWA - R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).8085/2004-K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CONSUMER METER CARD OF THE PETITIONER. EXT.P2: COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, NEYYATTINKARA DATED 01/11/02. EXT.P3: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT DATED 04/12/2003. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ K. BALAKRISHNAN NAIR, J. ------------------------------------- W.P.(C) No. 8085 OF 2004 ------------------------------------- Dated this the 4th day of July, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner was having a water connection with consumer No.1068 as evident from Ext.P1. The connection was granted on 22.2.1991. While so, he was served with Ext.P2 notice dated 1.11.2002 proposing to disconnect the water supply for the reasons mentioned therein. He submits, thereafter the connection was severed in December, 2002. This writ petition is filed praying for a direction to the water authority to reconnect the supply. 2. The respondents have filed a counter affidavit stating that the disconnection of supply was made on 25.12.2002. He submitted his objection, to Ext.P1 notice dated 1.11.2002, only on 4.12.2003. It is also pointed out that he has paid the monthly minimum charges only upto October 1992 and the substantial amounts are remaining in arrears. It is also submitted that at present there is no building to which water connection can given. Even according to the petitioner, the building collapsed W.P.(C) No.8085/2004 2 in 1999 and it was not reconstructed. So, a water connection cannot be given to a premises, it can be given only to a building, it is submitted. 3. The petitioner has filed reply affidavit producing Ext.P3 objection filed by him on 4.12.2003 to Ext.P2 notice. 4. Admittedly, at present the building for which connection as per Ext.P1 was given is not in existence. Therefore, the claim of the petitioner to restore connection is unsustainable in law. Therefore, the prayer for a direction to the respondents to reconnect the water supply disconnected by them cannot be allowed. But, if the petitioner constructs a building, his right, if any, to move for restoration of water connection is left open. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) ps