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2017 Supreme(Online)(KER) 48333

HIGH COURT OF KERALA
SHAJI P.CHALY, J
SOUKAR MASJID COMMITTEE – Appellant
Versus
ASSISTANT EXECUTIVE ENGINEER – Respondent


JUDGMENT

This writ petition is filed by the petitioner seeking to quash Ext.P2 order passed by the respondent dated 14.03.2017, whereby the application submitted by the petitioner, evident from Ext.P1, for changing the water connection to domestic was declined, on the ground that domestic connection can be provided only to residential buildings, and since the petitioner is a religious institution, such connection cannot be provided. Material facts for the disposal of the writ petition are as follows:

2. Petitioner is a Masjid Committee established 85 years ago, and used by Muslim community for prayer. There is a well attached to the Mosque which supplies sufficient water. The consumption of water is very low. According to the petitioner, respondent committed error in levying water charges at the tariff provided to non-domestic connection. Thereupon, Ext.P1 application was submitted on 07.02.2017, for altering the connection as one for domestic purpose.

However, the same is declined, holding that the domestic connection can only be provided to residential purposes. According to the petitioner, Ext.P2 order passed by the respondent is in violation of the provisions of Kerala Water Supp

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