IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 3463 of 2008(K) --------------------------------------- PETITIONER(S): ------------------------- P.G.VASUDEVAN NAIR, AGED 82 YEARS, S/O.GOVINDAN NAIR, PERUMTHOLICKAL, KANJEETTUKARA, THOTTAPPUZHASSERY VILLAGE. BY ADVS. MR. K.SHAJ MR.B.BALRAJ, MR.SAJJU.S. RESPONDENT(S): ---------------------------- THE ASSISTANT EXECUTIVE ENGINEER, P.H.SECTION, PULLAD, THIRUVALLA. BY ADV. MR.M.DINESH, SC, KWA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.3463/2008 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RECEIPT DTD. 02/03/2007 ISSUED BY KERALA WATER AUTHORITY TO THE PETITIONER. P2: COPY OF THE WATER CONNECTION COMPLETION ADVICE ISSUED BY THE ASSISTANT ENGINEER, KWA, PH SECTION, PULLAD. P3: COPY OF THE PROVISIONAL INVOICE CARD ISSUED BY KWA WITH EFFECT FROM 10/12/2007 TO THE PETITIONER. P4: COPY OF THE METER READING CARD DTD. 10/12/2007 ISSUED BY KWA TO THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.3463 of 2008-K = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 4th day of February, 2010. Judgment The petitioner, 82 years old, complains that water supply to his residential premises was cut off in January, 2008 without any prior notice. The learned standing counsel for the Kerala Water Authority states that the petitioner resides within the territory of Thottappuzhassery Panchayat and that the distribution line within that panchayat is not coming anywhere near the residence of the petitioner and that, therefore, the petitioner was given supply from yet another line which goes through the limits of Ayroor Panchayat which is the neighbouring panchayat. It appears that the said Panchayat took the stand that it has a separate augmentation system and that, therefore, the supply through that line has been confined exclusively to the inhabitants WPC3463/08 -: 2 :- within the territory of Ayroor panchayat. The fact of the matter remains that the Kerala Water Authority is involved in the distribution of water and the entitlement to potable water is a right forming part of the fundamental right to life under Article 21 of the Constitution and a citizen cannot be denied water on the ground of territorial limits of the different panchayats. The provision for augmentation as provided within a panchayat cannot be treated as giving exclusive rights to that panchayat to consume water to the exclusion of any citizen at least in its territory. Under such circumstances, the Kerala Water Authority is directed to restore the water supply to the petitioner's premises. The writ petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/0303