AI Structured Summary
Not yet generated for this judgment
Judgment
The petitioner has approached this Court seeking to quash Ext.P2 order dated 25.06.2019 passed by the 3rd respondent-Additional District
Magistrate, Ernakulam.
By Ext.P2 order, the 3rd respondent directed the Kerala Water Authority to take appropriate steps to provide drinking water connection to the 6th
respondent. The 6th respondent further stated that Ext.P2 order will not be any authentic document in the matter of any property dispute or cases.
From the pleadings, it appears that the 6th respondent has applied for a drinking water connection. Water line to the 6th respondent is sought to be
drawn by laying pipeline through the property of the petitioner. The dispute reached the 3rd respondent and consequently, the 3rd respondent has
passed Ext.P2 order after hearing both sides.
The learned counsel for the petitioner would submit that Ext.P2 order is unsustainable. The 3rd respondent has issued Ext.P2 order purportedly
invoking his powers under Section 17 of the Indian Telegraph Act, 1885. According to the petitioner, Section 17 of the Indian Telegraph Act cannot be
invoked for drawing water connection through his property.
When this writ petition came up for hearing, this Court passed an interim order on 01.08.2019 suspending coercive action on the basis of Ext.P2 and
clarifying that Water Authority can take appropriate action in accordance with Section 53 of the Kerala Water Supply and Sewerage Act, 1986.
The learned counsel for the 6th respondent would contend that Ext.P2 is not one passed under the Indian Telegraph Act. Ext.P2 has only directed
the competent authorities to provide drinking water connection to the 6th respondent. Respondents 1 and 2 will be acting only in accordance with the
provisions of the Kerala Water Supply and Sewerage Act, 1986.
The learned counsel for the 6th respondent urged that respondents 1 and 2 have ample powers to lay pipeline through the pathway leading to the
house of the 6th respondent, under Section 53 of the Kerala Water Supply and Sewerage Act. According to the counsel for the 6th respondent,
Section 55 of the said Act empowers the Government to give any direction to the Water Authority.
Heard learned counsel for the petitioner, learned Standing Counsel for respondents 1 and 2, learned Government Pleader appearing for respondents
3 to 5 and the learned counsel appearing for the 6th respondent.
It is not discernible from Ext.P2 order of the Additional District Magistrate as to invoking which provision Ext.P2 order has been issued. The issue
herein is not related to drawal of telegraph line or electricity line.
For laying pipelines for supply of drinking water, a separate Act is existing, namely Kerala Water Supply and Sewerage Act. Therefore, any
proceedings for giving drinking water to the 6th respondent should be in accordance with the provisions contained in the said Act and the Rules made
thereunder.
In such circumstances, Ext.P2 order is set aside. Respondents 1 and 2 are at liberty to grant water supply connection to the 6th respondent
invoking the provisions of Section 53 of the Kerala Water Supply and Sewerage Act or any other provisions of the Act as may be applicable, in
accordance with law.
With the said observation, the writ petition is disposed of.