IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14616 of 2008(M)
1. G.C.D.A. STADIUM BUILDING SHOP OWNERS
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE CORPORATION OF KOCHI,
3. THE EHEALTH OFFICER,
For Petitioner :SRI.ESM.KABEER
For Respondent :SRI.K.ANAND, SC, COCHIN CORPN.
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :26/05/2008
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No.14616 of 2008
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Dated this the 26th day of May, 2008
J U D G M E N T
The petitioner is an Association of G.C.D.A. Stadium
Building Shop Owners. Their grievance in this writ petition is that
the occupants of the shop rooms are severely inconvenienced
because of the storage of waste in the premises and failure on
the part of the Corporation to do cleaning work.
2. A counter affidavit has been filed by the Corporation,
in paragraphs 4 and 5 of which it is stated thus:
“4. To the contentions in the 2nd and 3rd paragraph it is to be stated
that it is true that the petitioner association had preferred complaint
before the corporation. Based on the said complaint and based on the
instructions given by the Division Councilor, the waste bin (container)
was shifted to the side of C.P Ummer Road. Waste being dumped in
the said container is being removed on a daily basis. It was only due to
the reason that container was situated right in front of the GCDA
ground, i.e. the main entrance, that the container was temporarily
shifted, owing to public function which took place in the GCDA ground.
It is pertinent to point out that it has now been decided to remove all
the waste bin and containers within the Cochin Corporation limit with
effect from today night. i.e. 16.5.2008 in view of the commencement
of functioning of the “Brahmapuram Plant”
5. The averment made to the effect that there is congestion and
slipping caused in the road owned by the GCDA owing to logging of
waste water is not true. Soon after complaint was received certain
extra workers were deputed to clean the area and extra care was
taken to see that any remaining waste in the area was removed
forthwith. It is further pertinent to point out that the eastern side ofw.p.c.14616/08 2
the corporation road wherein the container is situated is being cleaned
daily and extra care has been taken to put bleaching powder in and
around in the container.”
3. The learned counsel for the petitioner submits that in
addition to carrying out the undertaking made in the above
paragraphs in the counter affidavit promptly, the Corporation
may also be directed to clean the drainage near the shopping
complex which is blocked on account of accumulation of waste
therein. In the above circumstances the writ petition is disposed
with a direction to the Corporation to implement the undertaking
in paragraphs 4 and 5 in the counter affidavit extracted above
and also to see that the drainage near the stadium is kept
cleaned so as to allow the waste water to drain off without any
obstruction.
The writ petition is disposed of as above.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
w.p.c.14616/08 3