THE ASSISTANT ENGINEER – Appellant
Versus
NEETHA JOY – Respondent
Hrishikesh Roy, C.J.
Heard Sri.Benjamin Paul, the learned counsel representing the appellant. Also
heard Sri.K.V.Jayadeep Menon, the learned counsel appearing for the respondent and
Sri.Ravikrishnan, the learned Senior Government Pleader.
2. The Assistant Engineer of the Kerala Water Authority (KWA), who was the 2nd
respondent in the W.P.(C)No.39624 of 2017, is the Appellant before us. He challenges
the judgment dated 15.02.2019 whereby, the learned Judge concluded that the
premises belonging to the writ petitioner does not answer to the definition of “flat” or
“multistoried building”, as provided in sub-section (xa) or (xva) of the Kerala Water
Supply and Sewerage Act, 1986 (hereinafter referred to as “the Water Supply Act”).
Then, taking note of the fact that the total plinth area of the premises of the writ
petitioner is less than 1000 Sq.Mtrs. (excluding the car porch), the Court issued direction
to consider the application for water supply connection, by treating the writ petitioner's
premises to be a residential unit.
3. The learned counsel Sri.Benjamin Paul for the Kerala Water Authority submits
that the plinth area is not defined under the Water Supply Act but the exp
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