IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 W.P(C).No. 24105 of 2008(S) ------------- -------------------------- PETITIONERS: --------------------- 1. P.M.JOSEPH, CONVENER PEOPLES ACTION COUNCIL, POOTHRIKA GRAMA PANCHAYATH, PLACHERIL HOUSE, POOTHRIKA P.O., PUTHENCRUZ. 2. V.I.GOPALAKRISHNAN, VARUKUNNEL HOUSE, POOTHRIKA P.O., PUTHENCRUZ. BY ADV. SRI.THAMPAN THOMAS SRI.V.V.NANDAGOPAL NAMBIAR SMT.JANCY ALEX RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE DISTRICT MEDICAL OFFICER, DISTRICT MEDICAL OFFICE, ERNAKULAM. 3. THE CHIEF ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, GIRINAGAR, KOCHI-20. 4. POOTHRIKA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, POOTHRIKA P.O., PUTHENCRUZ. 5. THE PRESIDENT, POOTHRIKA GRAMA PANCHAYATH, POOTHRIKA P.O., PUTHENCRUZ. W.P.(C) NO.24105 OF 2008 - 2 - 6. SUB INSPECTOR OF POLICE, PUTHENCRUZ. R1 & R2 BY SR.GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN R3 BY STANDING COUNSEL SRI.M.K.CHANDRAMOHAN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.P.(C) No.24105 of 2008 ------------------------------------------ Dated, this the 24th day of September, 2008 JUDGMENT H.L.Dattu, C.J. This petition is styled as a public interest litigation. Petitioners in the writ petition have sought for the following reliefs: “i) to call for the records in this case and declare that the waste treatment plant is against public interest and that decisions if any taken in this regard by 4th respondent is null and void. ii) to issue a writ of mandamus or other appropriate writ order or direction to respondents 1 to 3 to interfere in this matter and to stop the waste stocking and starting of waste treatment plant in the Public Health Centre compound and also to direct if a plant is necessary, to start the same in other suitable places as shown in Exhibit P6. iii) issue any such other writ order or direction this Honourable Court deems fit in the circumstances of the case; and iv) to award the cost of petition.” (2) During the pendency of this writ petition, the Kerala State Pollution Control Board has passed an order dated 21.8.2008 and in that has directed the Secretary of Poothrika Grama Panchayat to stop dumping of solid wastes in the premises of the Primary Health Centre with W.P. (C)No.24105 of 2008 2 immediate effect and further has directed the Secretary to apply for authorisation under the Municipal Solid Waste (Management & Handling) Rules, 2000 within seven days. (3) Since the matter is now seized by the Kerala State Pollution Control Board, in our opinion, it may not be necessary to go into the details of the assertions and averments made by the petitioners in the writ petition. (4) Accordingly, the writ petition is disposed of as having become unnecessary, for the present. However, liberty is reserved to the petitioners to approach this Court, if need arises in future. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns