IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 WP(C).No. 25760 of 2009(S) -------------------------- PETITIONER(S): --------------- FRANCIS.T.CHACKO,CHARTERED ACCOUNTANT, THENGUMMOOTTIL HOUSE,CULLEN ROAD,ALAPPUZHA. BY ADV. SRI.A.KRISHNAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REPRESENTED CHIEF SECRETARY,TRIVANDRUM. 2. THE ALAPPUZHA MUNICIPALITY,REPRESENTED BY ITS SECRETARY. 3. KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS MEMBER SECRETARY,TRIVANDRUM. 4. THE ENVIRONMENTAL ENGINEER,KERALA STATE POLLUTION CONTROL BOARD,DISTRICT OFFICE, ALAPPUZHA. 5. THE KERALA STATE SOCIAL WELFARE BOARD, SASTHAMANGALAM,REPRESENTED BY ITS CHAIRPERSON, GIRIJA SURENDRAN,THIRUVANANTHAPURAM. 6. THE KERALA SPORTS COUNCIL REPRESENTED BY ITS SECRETARY,TRIVANDRUM. 7. THE DISTRICT COLLECTOR,ALAPPUZHA. R1, R7 BY GOVT. PLEADER SMT.K.MEERA R2, R3 & R4 BY SRI.M.K.CHANDRAMOHAN DAS,SC R6 BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR,SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.25760/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE EXTRACT OF THE CONDITIONS LAID BY THE 4TH RESPONDENT, WHICH ARE TO BE COMPLIED BY THE OPERATORS OF HOUSE BOATS. /TRUE COPY/ KURIAN JOSEPH, Ag.C.J. & THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.25760 OF 2009 ------------------------------------------- Dated this the 25th day of January, 2010 JUDGMENT Kurian Joseph, Ag.CJ. 1.This writ petition is filed in public interest with the following prayers: “(i) a writ of mandamus or any other appropriate writ, order or direction command the 2nd and 5th respondents to take appropriate actions to keep the town clean and free from toxic air and substances; to ensure the safety, comforts etc. of the tourists at the beach and at the tourists spots who visits the Alappuzha Town; to construct and open for public adequate number of toilet and latrine facilities at the beach and in and around the various places of Alappuzha Town. (ii) a writ of mandamus or any other appropriate writ, order or direction command the WPC.25760/09 2 3rd and 4th respondents to take appropriate actions to ensure that the back waters unpolluted from discard of the filth, emulsions and human excretions from the house boats which operates daily and that the house boat operators are obliging and complying with Ext.P1 guidelines precedent to grant consent operation of house boat. (iii) a writ of mandamus or any other appropriate writ, order or direction command the 6th and 7th respondents to take immediate and appropriate actions to do the maintenance work and re-open for public the swimming pool by name 'Raja Kesavadas Swimming Pool' constructed near beach at Alappuzha, spending huge amount. (iv) a writ of mandamus or any other appropriate writ, order or direction command the 2nd and 5th respondents maintain the beautification works at the banks of the two canals within the town”. 2 We find that the different authorities are to take steps in the matter either individually or in a co-related manner. A detailed order has been passed by this Court on 22.12.2009. WPC.25760/09 3 The writ petition is disposed of in terms of such interim order, making it clear that in case the petitioner has any grievance subsisting, he is free to bring the same to the notice of respondents 2, 4 and 7, in which case, the said respondents will take prompt action to see that the order passed by this Court on 22.12.2009 is complied with. 3 As far as the maintenance of the Swimming Pool is concerned, learned counsel for the Kerala State Sports Council submits that the Council has taken all possible steps to see that the pool is maintained in hygienic manner. It is also submitted that steps are being taken to renovate the same. There will be a direction to the 6th respondent to complete the renovation works as expeditiously as possible and make the pool open to the public, at any rate, within a period of four months from today. It is also directed that the second respondent municipality will see that public toilets are provided in the municipality, particularly in the sectors where tourists WPC.25760/09 4 concentrate, on a priority basis, within three months from today. Sd/- KURIAN JOSEPH, Ag. Chief Justice Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.26/01.