IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36913 of 2009(S)
1. K.K.RESIDENTS ASSOCIATION
... Petitioner
Vs
1. PARAVUR MUNICIPALITY,
... Respondent
2. ASSISTANT ENGINEER,
3. THE CHIEF ENVIRONMENTAL ENGINEER,
For Petitioner :SRI.K.A.JALEEL
For Respondent :SRI.T.A.SHAJI,SC,PARAVUR MUNICIPALITY
The Hon'ble the Acting Chief Justice MR.P.R.RAMAN
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :22/02/2010
O R D E R
P.R.RAMAN, Ag.C.J. &
C.N.RAMACHANDRAN NAIR, J.
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W.P.(C) No.36913 of 2009
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Dated this the 22nd day of February, 2010
J U D G M E N T
Raman, Ag.C.J.
This writ petition is filed seeking for a writ of
mandamus or other direction, directing the respondents to
remove all the sewage pipes directed towards the Kalathode
Canal and other canals in the first respondent, Municipality, and
to prevent flowing sewage, filth, waste, unwanted materials and
dirty water to the canal situated in Ward Nos.VI and VII of the
first respondent Municipality and ending in Paravur river, causing
health hazards and environmental problems. Further prayer was
for a direction to the second respondent not to put up slabs over
the canals without removing the sewage pipes leading to canals.
2. We heard both sides. First respondent has filed a
detailed counter affidavit. On 25.1.2010, this Court directed the
first respondent to file an affidavit as to the action taken in the
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matter. Third respondent was also directed to file a report.
Accordingly, a counter affidavit and report have been filed by
the first respondent and third respondent respectively, which
forms part of the record.
3. In the counter affidavit filed by the first
respondent, various steps taken pursuant to the filing of the writ
petition has been stated. It is stated that a meeting of the
representatives of trade and industry, as well as owners of hotels
and restaurants was convened so as to ensure that effective
steps are taken to treat the waste water before being let out to
public sewage canals. It is stated that the Municipality has
already closed all the outlets leading to the canals in question.
Further, the construction works referred to in the writ petition
are being carried out by the PWD, thus substantially redressing
the grievance of the petitioner.
4. The report of the third respondent, Environmental
Engineer, shows that there are about 27 establishments located
near the canal which discharge waste water to the Kalathodu
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3
Canal, including five major hospitals and hotels, shopping
complexes and other small establishments. But for want of
adequate treatment facility, Board had issued show cause notice
to all the hospitals.
5. In the above circumstances, all that is required to
be done in this writ petition is to direct the Pollution Control
Board to monitor the situation and take effective steps against
pollutants in accordance with law. Paravur Municipality shall also
keep a vigil on the situation and take remedial measures as and
when they notice about such activities of flowing filthy,
unwanted materials and dirty water into the canal. Petitioners
also can keep vigil on the situation and bring on notice to the
authorities, in case any such illegal activities are going on.
6. The learned counsel appearing for the petitioner
association offers to do voluntary service for removing the waste
deposit in the canal. Tools and implements for removing the
said deposits shall be supplied by the Municipality and manual
labour will be provided by the petitioner. A suitable date may
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4
be fixed mutually agreed upon by the parties for carrying out
such operation, so that there may not be any further complaint
on the part of the petitioner in this regard.
The writ petition is closed with the above directions.
P.R.RAMAN,
Ag. CHIEF JUSTICE
C.N.RAMACHANDRAN NAIR,
JUDGE
nj.