IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WP(C).No. 4998 of 2009(S) ------------------------- PETITIONERS: --------------- 1. THE KOTTAYAM MUNICIPAL COUNCIL WARD NO.VIII RESIDENTS' WELFARE ASSOCIATION REGN.NO.K- 382/1998, OZHATHIL BUILDINGS, OZHATHIL ROAD, KOTTAYAM-1 REPRESENTED BY ITS SECRETARY PROF.JACOB GEORGE. 2. MRS.MARY ITTOOP, W/O.LATE ITTOOP, OZHATHIL HOUSE, OZHATHIL ROAD, KOTTAYAM-1. BY ADV. SRI.GEORGE JACOB (JOSE) SRI.MEREENA JOSEPH JOSEPH RESPONDENTS: --------------- 1. THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, THYCAUD, THIRUVANANTHAPURAM. 2. THE RAILWAY STATION MANAGER, KOTTAYAM RAILWAY STATION, KOTTAYAM. 3. THE DIVISIONAL ENGINEER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM. 4. THE SECRETARY, KOTTAYAM MUNICIPALITY, KOTTAYAM. 5. THE SENIOR ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, KOTTAYAM. 6. THE INSPECTOR OF WORKS (I.O.W). KOTTAYAM RAILWAY STATION, KOTTAYAM. ADDL. RESPONDENTS: 7. M/S.HOTEL MALI, RAILWAY STATION ROAD, KOTTAYAM, REP. BY ITS PROPRIETR/MANAGER. 8. THE EXECUTIVE ENGINEER, BUILDINGS & ROADS KOTTAYAM DIVISION. (ADDL. 7TH RESPONDENT IS IMPLEADED AS PER ORDER DT.24.2.2009 IN I.A.2488/09.) (ADDL. 8TH RESPONDENT IS IMPLEADED AS PER ORDER DT.7.4.2009 IN THE WPC.) ADV. SRI.SIBY MATHEW FOR R4 SRI.PHILIP J.VETTICKATTU FOR R4 SRI.B.PREMNATH (E) FOR R4 SRI.S.K.MURALEEDHARAN KAIMAL, SC,RAILWA FOR R1-3,6 SRI.S.RAMESH BABU FOR R7 G.P. SMT.MEERA.D. FOR R8 SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOAR FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF JUDGMENT DT.13.2.2006 IN WPC NO.1657/2006. P2: TRUE COPY OF LETTER DT.13.1.2006. P3: TRUE COPY OF LETTER DT.23.1.2006. P4: TRUE COPY OF MINUTES OF THE MEETING HELD ON 27.2.2006. P5: TRUE COPY OF COMMUNICATION DT.8.11.2006 OF R1. P6: TRUE COPY OF COMPLAINT DT.8.4.2008 ADDRESSEDTO RESPONDENTS 1 TO 5 BY THE PETITIONERS. P7: TRUE COPY OF LETTER DT.12.11.2008. P8: TRUE COPY OF LETTER DT.14.11.2008 ISSUED TO R1. P9: TRUE COPY OF LETTER DT.28.1.2009 OF R5. P10: TRUE COPY OF PETITION DT.2.2.2009. RESPONDENT'S EXHIBITS: R4(a): TRUE PHOTOCOPY OF THE OBJECTION SUBMITTED BY P.M. RAJU BEFORE KOTTAYAM MUNICIPALITY AND ITS ENGLISH TRANSLATION. R4(b): TRUE PHOTOCOPY OF THE OBJECTION SUBMITTED BY P.T.JOSEPH BEORE THE KOTTAYAM MUNICIPALITY AND ITS ENGLISH TRANSLATION. R6(a): TRUE COPY OF DETAILED SKETCH SHOWING THE PRESENT SEWAGE LINE (RED MARKED PORTION) AND THE DRAINAGE LINE(GREEN MARKED PORTION) MUNICIPAL DRAIN IN RLY.BOUNDARY. R6(b): TRUE COPY OF THE DETAILED SKETCH SHOWING THE PRESENT SEWAGE LINE (RED MARKED PORTION ) AND THE DRAINAGE LINE (GREEN MARKED PORTION) STARTING FROM COLLECTORATE. R6(c): TRUE COPY OF THE LETTER DT.21.4.2008 ADDRESSED TO THE SECRETARY, KOTTAYAM MUNICIPALITY. TRUE COPY PS TO JUDGE C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... W.P.(C) No.4998 of 2009 .................................................................... Dated this the 18th day of November, 2010. JUDGMENT Ramachandran Nair, J. The allegation is that waste materials are dumped by hotels, Railways and others through the drainage canal passing through Ward No.VIII of the Kottayam Municipality. First petitioner is the Residents' Welfare Association and second petitioner is a member of the Association of Ward-VIII complaining about serious pollution and suffering on account of the discharge of waste effluents through the open canal passing through the area. 2. This court got the matter verified first through the District Judge and later through a Committee appointed by it. It is now reported by the District Judge and the Committee that the Railways has installed treatment plant to treat the waste and counsel for the Railways' confirmed that the plant is working smoothly and Railways does not cause any more pollution. Counsel for the Pollution Control Board also submitted that as of now no pollution is caused in the area. Standing Counsel for the Municipality submitted that petitioners' 2 complaints are rectified in as much as a hotel by name "Mali" which did not have treatment plant earlier also installed treatment plant later. However, counsel for the Municipality admitted that certain people were even letting toilet waste to the open drainage canal leading to pollution in the area and also the river to which ultimately the drainage canal discharge the effluents. 3. After hearing all sides, we feel no further orders need be issued by this court because as of now pollution is contained or atleast reduced. However, if there is any further violation by any concerned leading to serious pollution, petitioners can approach the Pollution Control Board, which will immediately conduct inspection and take action including prosecution of those causing pollution in violation of the norms. Petitions can also complain to the Municipal Authorities for taking action, failing which petitioners can launch complaint before the Police or even approach the court for initiating prosecution. W.P.(C) is disposed of as above. C.N.RAMACHANDRAN NAIR Judge BHABANI PRASAD RAY Judge pms