IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 23563 of 2010(S) -------------------------- PETITIONER: -------------- SAIFUDDIN K.MAKKOD, PRESIDENT, KASARAGODE DISTRICT, JANAKEEYA VIKASANA SAMITHI, AGED 48 YEARS, S/O.LATE KASIM, RESIDING AT FATHIMA VILLA, MAKKODE, POST KALANAD, KASARAGODE DISTRICT, PIN-671 317. BY ADV. SRI.K.P.RAMACHANDRAN SRI.SEBASTIAN JOSEPH (KURISUMMOOTTIL) SMT.BINDHU PAULOSE RESPONDENTS: ----------------- 1. STATE OF KERALA, REP. BY SECRETARY (LOCAL SELF GOVERNMENT), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. STATE OF KERALA, REP. BY SECRETARY (HEALTH), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 3. STATE OF KERALA, REP. BY DISTRICT COLLECTOR-KASARAGODE, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, VIDYA NAGAR, KASARAGODE, PIN-671 121. 4. SECRETARY, KASARAGODE MUNICIPALITY, KASARAGODE, PIN-671 121. 5. ASSISTANT ENVIRONMENTAL ENGINEER, OFFICE OF THE KERALA STATE POLLUTION CONTROL BOARD-DISTRICT OFFICE-KASARAGODE, M.A.M.ARCADE, NEAR-RAILWAY STATION, KANHANGAD, KASARAGODE DISTRICT, PIN-671 315. WP(C).No. 23563 of 2010(S) 6. DISTRICT MEDICAL OFFICER-KASARAGOD, OFFICE OF THE DISTRICT MEDICAL OFFICER, DISTRICT HOSPITAL, CHEMMATAM VAYAL, ANANTHASRAMAM POST, KANHANGAD, KASARAGODE DISTRICT, PIN-671 531. 7. STATE PUBLIC HEALTH BOARD (CONSTITUTED AS PER SECTION 4 OF THE MADRAS PUBLIC HEALTH ACT, 1939), REP. BY THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM, PIN-695 011. R5 BY SRI.M.K.CHANDRA MOHANDAS, SC, P.C.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, CJ. & P.N.Ravindran, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 23563 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2010 JUDGMENT J.Chelameswar, CJ. The writ petition is filed with the prayers as follows: “i) Issue a writ of mandamus, directing the respondent No.4 (Kasargode Municipality) to take and implement a modern and a permanent waste and waste water disposal system and a plant in the Kasargode Municipal area and in its surroundings for disposal of waste materials and to ensure that no shop owners including the Hotel, Lodge, Hospitals, Barbar shops, slaughter shops, any commercial or non-commercial establishments and private individuals shall not be allowed any control over any building or land or drainage to become the public place and public drainage offensive and to dump or flow their wastes and waste waters into it or obstruct the flow of draining in any manner injuring the natural flow of drain or to interfere with the free flow of its contents as offensive, dangerous, nuisance, prejudicial to the public health. ii) Issue a writ of mandamus, directing the respondent No.4 (Kasargode Municipality) to take and implement a modern and a permanent proper system of collection, transportation, segregation, storage, processing and disposal of wastes from all the shops, residential and non-residential buildings, commercial and non-commercial buildings and iii) Issue a writ of mandamus, directing the respondent No.4 (Kasargode Municipality) to clean the WP(C) No. 23563 of 2010 -:2:- drainage periodically and remove the wastes contained if any in the public drainage and to pump-out Saltwater and insecticides therein” 2. Various allegations of maladministration by the Kasargode Municipality are made in the writ petition to establish the right of the petitioner in public law to the reliefs extracted above. The petitioner is the President of an organisation which is supposed to be fighting the litigation purely in public interest. Though the writ petition is purportedly filed in public interest with grievances against the Kasargode Municipality, the Kasargode Municipality is not made a party to the writ petition. Under Section 5 of the Kerala Municipality Act, every Municipality is a body corporate which is capable of suing or being sued in its corporate name and therefore in the absence of necessary party, we are of the opinion that no effective relief can be given in the writ petition. The Writ Petition is therefore dismissed at the admission stage. J.Chelameswar, Chief Justice. P.N.Ravindran, Judge. ttb WP(C) No. 23563 of 2010 -:3:-