Possible Misuse Of Domestic Water Connection No Ground To Deny Benefit Under Statute: Kerala High Court

The Kerala High Court, in a recent decision, observed that possibility of misuse cannot be a reason to interpret a statutory provision contrary to what is explicitly provided.Justice Bechu Kurian Thomas was considering a writ petition where the main issue was as to the meaning of the term 'multi stories building' provided under Section 2(xva) of the Kerala Water Supply and Sewerage Act, 1986.The petitioner was the owner of a two-storied building. As per the occupancy certificate issued by the Corporation, the nature of occupation was identified differently for each floor: the ground floor being commercial and the first floor as residential. After the building was constructed, the petitioner applied for water connection under domestic category for the first floor. However, the petitioner was asked to draw a water line at his expense for distance of around 500 m. This communication issued by the Assistant Executive Engineer of the Kerala Water Authority (KWA) was challenged before the High Court.The KWA contended that for multistoried building, a water connection can be provided only using a pipeline of minimum 150mm diameter and since no such pipeline is presently there where the petitioner's building is situated, a new line would have to be drawn. It was pointed out that the petitioner's building is a multistoried building with total plinth area of more than 800 sq.m. and therefore, he has to draw a water line. The Water Authority also said that it will not refuse water connection if he draws the water line at his own expense.The petitioner however argued that his building was not a 'multistoried building' as defined under the Act and since water connection is applied only for domestic purposes for one of the floors, the same cannot be refused.After hearing the parties, the Court examined the meaning of 'multistoried building', as defined in Section 2(xva) of the Act. It noticed that the definition has two limbs: one that there should be 5 or more units and second that a total plinth area of 500 sq.m. or more has to be used for non-domestic purposes.Since the petitioner's first floor, which is used for domestic purpose, is less than 500 sq.m., then it cannot be said that the same is a multi-storied building, the Court opined.The Court also rejected KWA's contention that the petitioner could misuse the water connection granted for the first floor for the ground floor. It said that the KWA can always detect such violations and that the statutory provision cannot be interpreted anticipating chance of misuse:“Each statute can provide definitions which may be contrary to the normal understanding. As far as legal interpretation is concerned, the court has to adopt an interpretation as provided in the definition clause of the statute. In the instant case, the definition was introduced by Act 8 of 2009, wherein specific requirement of non-domestic activity of 500 sq.m or more is mandated to categorise a building as multistoried building. Possibility of misuse cannot be a reason to interpret the statutory provision in a particular manner, contrary to what is explicit.”The Court thus allowed the plea and set aside the communication asking the petitioner to draw a water line. It also directed the KWA and its officers to expeditiously consider the petitioner's application for domestic water connection.Case No: WP(C) 29085 of 2025Case Title: Nevil John v. Kerala Water Authority and Ors.Citation: 2026 LiveLaw (Ker) 261Counsel for the petitioner: Dileep Varghese, Tesmy VargheseCounsel for the respondents: Justine Jacob, Georgie Johny – Standing Counsel – KWAClick to Read/Download Judgment

Possible Misuse Of Domestic Water Connection No Ground To Deny Benefit Under Statute: Kerala High Court

K. Salma Jennath

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Possible Misuse Of Domestic Water Connection No Ground To Deny Benefit Under Statute: Kerala High Court

K. Salma Jennath

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers