IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 FAO.No. 227 of 2006() ------------------------------ AGAINST THE ORDER DATED 01 /09 / 2006 IN IA.1108/2006 IN OS.86/2006 of III ADDL.SUB COURT, KOZHIKODE .................... APPELLANTS/PLAINTIFFS: -------------------------------------- 1. K.SURESH KUMAR, AGED 40, S/O. LATE KUMARAN NAIR, NECHIVAYAL, MAYANAD P.O., CALICUT. 2. T.SUGATHAN, AGED 36, S/O. SREEDHARAN, THALAKKOT HOUSE, MAYANAD DESOM, CHELAVOOR VILLAGE, MAYANAD P.O., CALICUT. 3. M.ARAVINDAN, AGED 48, S/O. LATE APPUKUTTY, NECHIVAYAL POTTA, MAYANAD DESOM, CHELAVOOR VILLAGE, MAYANAD P.O., CALICUT. 4. M.DINESH KUMAR, AGED 35, S/O. RAMAN NAMBEESAN, MANAPPATTIL HOUSE, MAYANAD DESOM, CHELAVOOR VILLAGE, MAYANAD P.O., CALICUT. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI RESPONDENT(S): DEFENDANTS: ------------------------------------------------- 1. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, KOZHIKODE, CIVIL STATION, NEDUNGOTTOOR AMSOM, KOZHIKODE. 2. THE SECRETARY TO GOVERNMENT, HEALTH WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, MEDICAL COLLEGE, KOZHIKODE. FAO.No. 227 of 2006() -2- 4. THE SUPERINTENDENT, NEW MEDICAL COLLEGE HOSPITAL (NMCH), KOZHIKODE. 5. THE SUPERINTENDENT, INSTITUTE OF MATERNAL AND CHILD HEALTH (IMCH), KOZHIKODE. 6. THE SUPERINTENDENT, DENTAL COLLEGE, KOZHIKODE. 7. THE SUPERINTENDENT, INSTITUTE OF CHEST DISEASES, KOZHIKODE. ADDL. 8. KERALA POLLUTION CONTROL BOARD, REPRESENTED BY MEMBER SECRETARY, THIRUVANANTHAPURAM. ADDL. 9. KERALA WATER AUTHORITY, REPRESENTED BY MANAGING DIRECTOR, THIRUVANANTHAPURAM. (Additional respondents 8 and 9 are impleaded as per order on I.A. No.4614/2006 dated 8.12.2006) R1 to R7 BY SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND R8 BY STANDING COUNSEL SRI.M.K.CHANDRAMOHAN DAS. R9 BY STANDING COUNSEL SRI.M.DINESH. THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 24/11/2009, ALONG WITH FAO NO. 228 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ F.A.O.Nos.227 & 228 of 2006 ---------------------------------------------- Dated, this the 24th day of November, 2009 J U D G M E N T K.M.Joseph, J. These two appeals being connected they are disposed of by this common judgment. The appeals arise out of orders in I.A.No.1108/2006 and I.A. No.1109/2006 in O.S.No.86/2006 on the file of the Sub Court, Kozhikode. Appellants are the plaintiffs. The suit was filed in the representative capacity. The complaint which is the subject matter of the suit and these appeals is one of pollution caused by the malfunctioning of the Medical College by flouting the environmental laws in disposing effluents, solid waste mainly bio medical waste. I.A.No.1108/2006 was filed for temporary injunction restraining the respondents from establishing the super specialty hospital or any other units or plants until full proof sewage treatment plant is established. 2. I.A.No.1109/2006 was filed for issue of an interim order of mandatory inunction directing the FAO.227,228/2006 -2- respondents not to discharge untreated effluent from Medical College Campus to the properties of the appellants. Both the interlocutory applications along with I.A.No.3779/2006 were considered by the learned Sub Judge, Kozhikode and they are dismissed. It is against the orders in I.A.1108/2006 and I.A.No.1109/2006 that the appellants are before us. 3. Various interim orders have been passed by this Court relating to the construction of the sewage treatment plant and progress reports have been filed regarding the work. A reference to progress report dated 6th October, 2009 would reveal the following: “Construction of the Sewage Treatment Plant for the entire Medical College Campus at Kozhikode has been completed. The plant could not be commissioned due to the non completion of work of laying pipe lines from Sewage Treatment Plant site in Medical College Hospital Campus to Canoly Canal for the discharge of treated effluent water. Administrative sanction has been accorded vide GO (RT) No.2271/09H&FWD dated 7.8.2009 for laying pipe lines from Sewage Treatment Plant site in Medical College Hospital Campus to Canoly FAO.227,228/2006 -3- Canal at an estimate of Rs.224 lakhs meeting the expenditure of Rs.200 lakhs from the contribution of Pollution Control Board and balance from Hospital Development Society fund. The work will be executed by Kerala Water Authority. The amount of Rs.200 lakhs has since been released to Principal, Medical College, Kozhikode by Pollution Control Board. The work will be started immediately and the work will be monitored for the speedy completion.” Thereafter, we posted the matter so that we can be informed the time limit within which the remaining work could could be completed. 4. We heard the learned counsel for the appellants, learned Government Pleader, learned counsel for the Pollution Control Board and learned counsel for the Kerala Water Authority. It is submitted by the learned Government Pleader that time schedule has been reached for completion of the pipe line laying work from sewage treatment plant to Canoly canal for disposal of treated plant. As per the same, after various stage the trial run and commissioning will take place by the 3rd week of July, 2010. In the light of this FAO.227,228/2006 -4- development we do not see any reason to keep the appeals pending any longer. We record the undertaking given by the learned Government Pleader on behalf of Government and also learned counsel on behalf of Water Authority that completion of pipe line laying work from sewage treatment plant, Kozhikode Medical College to Canoly Canal for disposal of treated plant will be completed and commissioned after trial run by the 4th week of July, 2010. The appeals are disposed of as aforesaid. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS