The necessity of providing temporary water connections to apartment complexes under the Kerala Water Supply Act is affirmed.

JUDGMENT

The 1^st and 3^rd petitioners in this writ petition are residents of an apartment complex constructed by the 2^nd petitioner herein. The dispute in this writ petition is essentially with reference to the requirement for providing water connection to the apartment complex referred to above. It is not in dispute that in the apartment complex, there are 13 units.

2. The prayers made in this writ petition are as under:-

“(i) Issue a writ of certiorari or other writ or direction quashing Exhibit P5 communication rejecting the application of the 1^st petitioner for water connection.

(ii) Issue a writ of mandamus or other appropriate writ or direction to the respondents to provide temporary water connection to the 1stpetitioner from the existing 100 mm diameter pipe passing through Beena Anjumana Road, Edappally in front of the apartment building SMS VISTA till 160 mm diameter pipe as per ‘CSME requirement’ is drawn through the area and permanent connection is given to the

1^st petitioner.”

3. Heard Sri.Ramesh Cheriyan John, the learned counsel for the petitioners, as well as Sri. Gerogie Johny, the learned Standing Counsel for the Water Authority.

4. As already noticed, the petitioners only require a “temporary water connection” from the existing 100 mm diameter pipeline passing through Beena – Anjumana Road, Edappally.

5. The learned Standing Counsel for the Water Authority with reference to the prayer referred to above would submit that, as regards an apartment complex, the position is specifically laid down under the provisions of Section 38A of the Kerala Water Supply and Sewerage Act, 1986 (for short “the Act”). According to him, with reference to the provisions of of the Act, the 2^nd respondent herein could only obtain a C-SME connection as laid down under the Regulation 7(g) of the Kerala Water Authority (Water Supply) Regulations, 1991.

6. However, Sri.Ramesh Cherian, the learned counsel for the petitioners would point out that the request of the petitioners in this case is only for a water connection at least as regards the requirement for potable water for the 13 apartments referred to above. According to him, this is to be provided as a “temporary connection”.

7. I have considered the rival contentions as well as the connected records.

8. The provisions of Section 38A of the Act reads as under:-

“38A Water supply to flats and multi-storied buildings :- (1) Notwithstanding any thing contained in this Act, and subject to sub section (2), the Authority may supply water through cisterns, tanks, sumps, and ground level reservoirs to multi-storied buildings and flats, subject to terms and conditions as may be provided by regulations.

(2) The supply of water referred to in sub-section (1) shall not be made from a distribution main having diameter 150 mm or less. “

9. A reading of Section 38A of the Act referred to above would show that as regards multi-storied buildings / apartments, the water connection requires to be obtained as stated thereunder. Sub-section (2) thereto specifically lays down that water connection in the afore case shall not be made from a distribution main having diameter of 150 mm or less.

10. The fact that the petitioners would fall within the category of apartments is not in dispute, as noticed earlier. When that be so, there cannot be any dispute as regards the application of the provisions of Section 38A of the Act to the prayer made by the petitioners. In the light of the afore, I am of the opinion that, if at all any connection can be given to the petitioners herein, it can only be with reference to the requirement under Regulation 7(g) referred to above.

11. Even on the face of the