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2026 Supreme(Online)(Ker) 1216

IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, J
ASIAN DEVELOPERS – Appellant
Versus
KOCHI MUNICIPAL CORPORATION – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.MOHANDAS (ERNAKULAM), SRI.K.SUDHINKUMAR, SRI.SABU PULLAN, SHRI.R.BHASKARA KRISHNAN, SHRI.BHARATH MOHAN, DR.K.P.SATHEESAN (SR.)
For the Respondents: SRI.SUJITH MATHEW JOSE, SHRI.C.K.KARUNAKARAN, SMT.LEKSHMI P. NAIR, SMT.SHIFNA MUHAMMED SHUKKUR, SMT.KRISHNA SURESH, SMT.MEKHA MANOJ, SHRI.ANIRUDH INDUKALADHARAN

Table of Content
1. obstacles to approved construction impact residents' access to water. (Para 1)
2. legal rights supersede physical obstruction regarding utility works. (Para 2 , 3 , 4 , 5 , 6)
3. fundamental rights under article 21 ensure access to essential resources. (Para 7)

JUDGMENT

The petitioner's company constructed a residential apartment called “Asian Tower” adjacent to the Vidya Nagar Cross Road 1, Panampilly Nagar, Kochi. Thereafter, steps were taken for obtaining water connection to the apartment complex by remitting Rs.1,88,970/- towards road cutting charges, and the Assistant Executive Engineer, Kochi Municipal Corporation issued Ext.P3 order dated 10.11.2025, according sanction to cut open the road for laying pipe/cable for providing the water connection. Later, a site inspection was conducted by the officials of the Kerala Water Authority ('KWA' for short) and Ext.P4 sketch prepared. Thereafter Ext.P5 agreement was entered into between the petitioner and the KWA. The petitioner also remitted the working charges as directed. The petitioner alleges that when the work commenced after complying with all requirements, the 5th respondent along with a group of men, claimin

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