IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 26714 of 2006(S)
1. NALINI P.B., W/O. SIVA PRASAD,
... Petitioner
2. KAVITHA HARIKUMAR, W/O. HARIKUMAR P.,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. SECRETARY,
3. DIRECTOR OF MUNICIPALITIES,
4. DIRECTOR OF HEALTH SERVICES,
5. DISTRICT COLLECTOR,
6. DISTRICT MEDICAL OFFICER,
7. CORPORATION OF KOCHI, REPRESENTED BY
For Petitioner :SRI.K.A.JALEEL
For Respondent :SRI.M.K.CHANDRAMOHAN DAS,SC,COCHIN COPN
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN
Dated :16/07/2007
O R D E R
H.L.DATTU, C.J. & K.T.SANKARAN,J.
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W.P.(C) NO. 26714 OF 2006 S
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Dated this the 16th July, 2007
JUDGMENT
H.L.DATTU, C.J.
A public spirited citizen and a tax payer is before us for the
following reliefs:
“i) issue a writ of mandamus or any other
appropriate writ, order or direction, directing the
respondents to take urgent and effective control
measures to eradicate mosquitoes and
mosquitoe larvae which is causing Chikungunya
and Dengue fever etc. by the use of proper
insecticides purchased from approved sources of
manufactures under the Insecticides Act, 1968;
ii) issue a writ of mandamus or any other
appropriate writ, order or direction, directing the
respondents 1 to 6 to conduct an enquiry
regarding misuse of public funds of various
Municipalities and Corporations in the State
towards purchase and use of Fenthion larvicide
for mosquitoe control for the last 3 years and to
take appropriate action against the erring officials
for dereliction of duty;
iii) issue a writ of mandamus or any other
appropriate writ, order or direction, directing the
7th respondent to start fogging operations,
spraying of insecticides, garbage disposal etc.
forthwith in the Kochi Corporation area to save
the people from the grip of the epidemic disease
by using proper insecticides purchased from
Government approved sources only under the
Insecticides Act, 1968;
iv) issue a writ of mandamus or any other
appropriate writ, order or direction, directing the
7th respondent to file a statement regarding the
amount spent towards mosquito control
W.P.(C). NO.26714 OF 2006
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measures in the Kochi Corporation for the last 3
years including purchase of insecticides;
v) issue a writ or mandamus or any other
appropriate writ, direction or order, directing the
7th respondent to file a report before this Hon’ble
Court detailing the steps taken by the Kochi
Corporation to eradicate mosquitoe ad mosquitoe
larvae and the funds outlayed and spent for the
same for the last 3 years towards purchase of
insecticides and the source of purchase of the
insecticides whether it is purchased from
approved agencies of the Government of India
under the Insecticides Act, 1968; and
vi) issue such other and further relief as this Hon’ble
Court deems fit and proper to grant in the facts
and circumstances of this case.”
2. In the petition, it is stated that the Corporation has failed in
its attempt to eradicate mosquitoes and mosquitoe larvae and
because of that there is spread of epidemic disease in and around
Kochi City and also other parts of the City.
3. A detailed counter affidavit is filed by the respondents. In
that, they have stated the serious steps taken by them to eradicate
mosquitoes and mosquitoe larvae. Along with the affidavit, they have
also produced enough and more materials in support of the assertions
made in the counter affidavit.
4. At the time of hearing of this Writ Petition, they have also
produced the minutes of the Executive meetings held in the
Collector’s office on different dates, wherein steps taken by the
Corporation authorities for eradication of the mosquitoes and
W.P.(C). NO.26714 OF 2006
:: 3 ::
mosquitoe larvae have been monitored from time to time.
5. Having gone through the counter affidavit filed by the
respondents and also the documents produced along with the
affidavit, we are fully satisfied that the Corporation is taking some
effective steps to eradicate the mosquitoes and mosquitoe larvae in
and around the City of Kochi. In that view of the matter, in our
opinion, for the present, we need not have to issue the directions
sought for by the petitioners in this Writ Petition. Therefore, for the
present, the Writ Petition is disposed of. Liberty is given to the
petitioners to approach this Court, if need arises in future.
Ordered accordingly.
(H.L.DATTU)
Chief Justice
(K.T.SANKARAN)
Judge
ahz/