IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 WP(C).No. 14616 of 2008(M) -------------------------- PETITIONER: ------------ G.C.D.A. STADIUM BUILDING SHOP OWNERS ASSOCIATION,AMBEDKAR STADIUM, NEAR KS.R.T.C.,ERNAKULAM, KOCHI-35,REPRESENTED BY ITS SECRETARY,SYED ABDUL KADER BAFAKYH,AGED 54 YEARS,S/O.HAMID BAFAKYH TANGAL,FABI,GURUKRIPA LINE,AZAD ROAD,KOCHI-17. BY ADV. SRI.ESM.KABEER RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE CORPORATION OF KOCHI, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE,ERNAKULAM. 3. THE HEALTH OFFICER, CORPORATION OF COCHIN, ERNAKULAM. BY ADV. SRI.K.ANAND, SC, COCHIN CORPN. FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.14616 of 2008 ================== Dated this the 26th day of May, 2008 J U D G M E N T The petitioner is an Association of G.C.D.A. Stadium Building Shop Owners. Their grievance in this writ petition is that the occupants of the shop rooms are severely inconvenienced because of the storage of waste in the premises and failure on the part of the Corporation to do cleaning work. 2. A counter affidavit has been filed by the Corporation, in paragraphs 4 and 5 of which it is stated thus: “4. To the contentions in the 2nd and 3rd paragraph it is to be stated that it is true that the petitioner association had preferred complaint before the corporation. Based on the said complaint and based on the instructions given by the Division Councilor, the waste bin (container) was shifted to the side of C.P Ummer Road. Waste being dumped in the said container is being removed on a daily basis. It was only due to the reason that container was situated right in front of the GCDA ground, i.e. the main entrance, that the container was temporarily shifted, owing to public function which took place in the GCDA ground. It is pertinent to point out that it has now been decided to remove all the waste bin and containers within the Cochin Corporation limit with effect from today night. i.e. 16.5.2008 in view of the commencement of functioning of the “Brahmapuram Plant” 5. The averment made to the effect that there is congestion and slipping caused in the road owned by the GCDA owing to logging of waste water is not true. Soon after complaint was received certain extra workers were deputed to clean the area and extra care was taken to see that any remaining waste in the area was removed forthwith. It is further pertinent to point out that the eastern side of w.p.c.14616/08 2 the corporation road wherein the container is situated is being cleaned daily and extra care has been taken to put bleaching powder in and around in the container.” 3. The learned counsel for the petitioner submits that in addition to carrying out the undertaking made in the above paragraphs in the counter affidavit promptly, the Corporation may also be directed to clean the drainage near the shopping complex which is blocked on account of accumulation of waste therein. In the above circumstances the writ petition is disposed with a direction to the Corporation to implement the undertaking in paragraphs 4 and 5 in the counter affidavit extracted above and also to see that the drainage near the stadium is kept cleaned so as to allow the waste water to drain off without any obstruction. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.14616/08 3