1. The right to life guaranteed under Article 21 of the Constitution of India encompasses in itself the right to have clean drinking water supplied to a citizen in sufficient quantities. [See Vishala Kochi Kudivella Samrakshana Samithi v. State (2006 (1) KLT 919) and Shajimon Joseph and others v. State of Kerala and others (2007 (1) KLT 368)]. The petitioners are builders and the association of builders of residential apartments who complain of discrimination in the matter of water supply to apartments.

2. The water supply in the State of Kerala for domestic as well as non-domestic purposes is governed by the Kerala Water Supply and Sewerage Act, 1986 [hereinafter referred to as 'the Act' only]. Section 38 of the Act deals with the supply of water by the Authority (Kerala Water Authority) and its mandatory duty to grant supply of water for domestic purposes is discernible therefrom. The relevant part of Section 38 of the Act is extracted hereunder:-

“38. Supply of water by the Authority:-

(1) The Authority shall on an application made to it by the owner of any premises or by the occupier with the consent in writing of the owner thereof, grant supply of water for domestic