IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH JUNE 2007 / 28TH JYAISHTA 1929 WP(C).No. 3818 of 2007(S) PETITIONER: SRI,PURUSHAN ELOOR,AGED 40 YEARS, S/O.VELAYUDHAN,'SANKHYAPURI" ELOOR NORTH,UDYOGAMANDAL. BY ADVS. M/S.P.K.IBRAHIM AND K.P.AMBIKA RESPONDENTS: 1. KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 3. THE SECRETARY, IRRIGATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. THE KERALA STATE POLLUTION CONTROL BOARD,REPRESENTED BY ITS MEMBER SECRETARY,PATTOM, THIRUVANANTHAPURAM. ADDL.5. REGIONAL ANALYTICAL LAB, KAKKANAD, REPRESENTED BY ITS GOVERNMENT ANALYST. ADDL.R5 IS IMPLEADED AS PER ORDER DATED 13/3/2007 IN I.A.NO.3862 OF 2007. R1 BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.K.S.ANIL, SC, KSEB STANDING COUNSEL FOR POLLUTION CONTROL BOARD SRI.M.K.CHANDRAMOHAN DAS STANDING COUNSEL FOR KERALA WATER AUTHORITY SRI.M.DINESH SENIOR GOVERNMENT PLEADER SMT.MEERA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2007, ALONG WITH WP(C) NOS. 3883 & 7297 OF 2007 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF THE NEWS REPORT APPEARED IN KERALA TIMES DAILY DATED 27.1.2007. EXT.P2 PHOTOCOPIES OF THE 2 PHOTOGRAPHS OF THE PERIYAR RIVER STRETCH TAKEN FROM 3 DIFFERENT PLACES AT ALUVA NEAR WATER AUTHORITIES PUMPING STATION (SHOWING THE PERIYAR RIVER IN MUDDY COLOUR). EXT.P3 PHOTOCOPY OF THE NEWS ITEM APPEARED IN MALAYALA MANORAMA DAILY DATED 28.1.2007. EXT.P4 PHOTOCOPIES OF THE NEWS ITEMS APPEARED IN DESHABHIMANI DATED 1.2.2007 AND THE HINDU DAILY IB 1.2.07 REPORTING THE NEGLIGENCE OF THE OFFICERS. EXT.P5 PHOTOCOPY OF THE REPRESENTATION DATED 29.1.07 ADDRESSED TO THE CHIEF MINISTER, CHIEF JUSTICE, HIGH COURT OF KERALA, MINISTER FOR IRRIGATION, MINISTER FOR ELECTRICITY, MINISTER FOR HEALTH AND SOCIAL WELFARE, MINISTER FOR ENVIRONMENT & FOREST, MINISTER FOR ELECTRICITY AND DISTRICT COLLECTOR FROM THE GENERAL CONVENER, PERIYAR MALINEEKARANA VIRUDHA SAMITHI. RESPONDENTS' EXHIBITS: EXT.R6 TRUE COPY OF THE LATEST REPORTS ON ANALYSIS OF WATER TAKEN FROM PERIYAR RIVER. ANNEXUREI: TRUE COPY OF THE DETAILED REPORT SUBMITTED BY THE ADDITIONAL DIRECTOR OF HEALTH SERVICE. ANNEXUREII: TRUE COPY OF THE DETAILED REPORT FURNISHED BY KERALA WATER AUTHORITY. ANNEXURE III:TRUE COPY OF THE NOTE FOR THE DISCUSSION ON 19.3.2007. //TRUE COPY// ahz/ H.L.DATTU, C.J. & K.T.SANKARAN,J. ---------------------------------------------------- W.P.(C). NOS.3818, 3883 & 7297 OF 2007 ---------------------------------------------------- Dated this the 18th June, 2007 JUDGMENT H.L.DATTU, C.J. In all these writ petitions the prayers made are the following. They are: i) for a direction to the respondents to release water to flush out the muddy/sludge deposits stagnated in the water to restore the water quality of River Periyar and ensure safe drinking water to the public; ii) for a direction to the Kerala State Electricity Board to enquire into the lapses on the part of its officials responsible for not undertaking periodical cleaning of the Kallarkutty dam during monsoon season for over 18 years which has caused the present calamity to the environment and damage to the public health. 2. After admitting these matters, this Court had issued several directions to the respondents. Complying with all those directions, the respondents have filed reports before this Court and those reports have become part of the records. 3. Having gone through the grievances made out by the petitioners and having gone through the reports filed by the respondents, we are satisfied, for the present, that the respondents have W.P.(C). NOS.3818, 3883 & 7297 OF 2007 :: 2 :: taken care of the grievances of the petitioners. 4. In view of the above, in our opinion, as on today, nothing survives in these writ petitions for consideration of this Court. Accordingly, all these writ petitions are disposed of as having become unnecessary. 5. If, for any reason, any of the petitioner is interested to prosecute any person and to claim for compensation, he is at liberty to approach the appropriate forum. Ordered accordingly. (H.L.DATTU) Chief Justice (K.T.SANKARAN) Judge ahz/