IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WP(C).No. 36913 of 2009(S) -------------------------- PETITIONER(S): --------------- K.K.RESIDENTS' ASSOCIATION (KUTTICHIRAPADAM-KALAPADY), VYKHARI, KALAPPADY, N.PARAVUR-683 513, REP. BY ITS PRESIDENT C.B.MENON. BY ADV. SRI.K.A.JALEEL RESPONDENT(S): --------------- 1. PARAVUR MUNICIPALITY, N.PARAVUR, REP. BY ITS SECRETARY. 2. ASSISTANT ENGINEER, PWD ROADS SECTION, N.PARAVUR. 3. THE CHIEF ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, REGIONAL OFFICE, GANDHI NAGAR, COCHIN-682 020. BY ADV. SRI.T.A.SHAJI,SC,PARAVUR MUNICIPALITY FOR R1 BY SR. GOVT. PLEADER SRI.BENJAMIN PAUL (R2) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.36913 of 2009 EXT.P1 TRUE COPY OF THE NEW ITEM PUBLISHED IN THE MALAYALA MANORAMA DAILY DT. 26.11.2009. EXT.P1(a) TRUE ENGLISH TRANSLATION OF EXT.P1 NEWS ITEM. EXT.P2 TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE MATHRUBHOOMI DAILY DT. 26.11.2009. EXT.P2(a) TRUE ENGLISH TRANSLATION OF EXT.P2 NEWS ITEM. EXT.P3 TRUE COPY OF REQUEST DT. 31.10.2009 SUBMITTED BY T.B.NASEER AND THE REPLY DT. 12.11.2009 ISSUED BY THE SECOND RESPONDENT TO THE SAME. EXT.P3(a) TRUE ENGLISH TRANSLATION OF EXT.P3 REQUEST BY T.B.NASEER AND THE REPLY GIVEN BY THE SECOND RESPONDENT. EXT.P4 TRUE COPY OF THE REQUEST DT. 18.2.2009 SUBMITTED BY S.RADHAKRISHNAN, BEFORE THE FIRST RESPONDENT AND THE REPLY DT. 13.7.2009 GIVEN BY THE FIRST RESPONDENT. EXT.P4(a) TRUE ENGLISH TRANSLATION OF THE DOCUMENT MARKED AS EXT.P4. EXT.P5 TRUE COPY OF THE NOTICE DT. 24.9.2009 ISSUED TO M/S.RAMACHANDRA RESTARUANT, BY THE SECOND RESPONDENT. EXT.P5(a) TRUE ENGLISH TRANSLATION OF THE DOCUMENT MARKED AS EXT.P5. EXT.P6 TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE MATHRUBHUMI DAILY DATED 9.2.2010. EXT.P7 TRUE COPY OF THE STATEMENT APPEARED IN THE MALAYALA MANORAMA DAILY DT. 10.2.2010, GIVEN BY THE LOCAL MLA. EXT.P8 TRUE COPY OF THE REPRESENTATION DT. 9.2.2010 SUBMITTED BY THE KERALA BRAHMANA SABHA, N.PARAVUR TO THE FIRST RESPONDENT. EXT.P9 TRUE COPY OF THE LETTER DT. 9.2.2010 ALONG WITH THE ESTIMATE REPORT SUBMITTED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ERNAKULAM TO THE CHIEF ENGINEER, PWD ROADS & BRIDGES, TRIVANDRUM. RESPONDENT'S EXTS: EXT.R3(a) TRUE COPY OF THE NOTICE NO.PCB/EKM/IAHP-28/07 DT. 10.2.2010 EXT.R3(b) TRUE COPY OF THE NOTICE NO.PCB/EKM/IAHP-66/07 DT. 10.2.2010 EXT.R3(c) TRUE COPY OF THE NOTICE NO.PCB/EKM/IAHP-63/07 DT. 10.2.2010 EXT.R3(d) TRUE COPY OF THE NOTICE NO.PCB/EKM/IAHP-54/07 DT. 10.2.2010. EXT.R3(e) TRUE COPY OF THE COMPLAINT NO.PCB/CHN/MSW-5/07 DT. 10.2.2010. EXT.R3(f) TRUE COPY OF THE LETTER NO.PCB/CHN/IMSW-5/07 DT. 10.2.2010. //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN, Ag.C.J. & C.N.RAMACHANDRAN NAIR, J. ------------------------------- W.P.(C) No.36913 of 2009 ------------------------------- 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 W.P.(C) No.36913 of 2009 2 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 W.P.(C) No.36913 of 2009 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 W.P.(C) No.36913 of 2009 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.