IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 17990 of 2008(N) ------------------------------------- PETITIONER: ------------------ THE KERALA STATE HOUSING BOARD, REPRESENTED BY ITS EXECUTIVE ENGINEER, MANANTHAVADI, WAYANAD. BY ADV. SRI.A.JAYASANKAR RESPONDENTS: ---------------------- 1. DISTRICT COLLECTOR, WAYANAD, KALPETTA. 2. CIRCLE INSPECTOR OF POLICE, MANANTHAVADY. 3. MANANTHAVADY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MANANTHAVADY P.O., WAYANAD. ADV. SRI.P.C.SASIDHARAN FOR R3 ADV. SMT. N. SUDHADEVI, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17990 of 2008(N) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF ORDER DATED 6/02/1980 ISSUED BY GOVERNMENT IN FAVOUR OF PETITIONER. EXHIBITP2: SKETCH SHOWING PRESENT LYE OF PROPERTY COVERED BY EXHIBIT P1. EXHIBIT P3: TRUE COPY OF JUDGMENT DATED 11/08/2005 IN WPC NO.30482/2003. EXHIBIT P4: TRUE COPY OF LETTER OF PROTEST MADE BY THE PETITIONER TO THE 3RD RESPONDENT DATED 7/05/2008. EXHIBIT P5: TRUE COPY OF COMPLAINT MADE BY THE PETITIONER TO THE 1ST RESPONDENT DATED 7/05/2008. EXHIBIT P6: TRUE COPY OF COMPLAINT BY THE PETITIONER TO THE 2ND RESPONDENT DATED 7/5/2008. EXHIBITP7: TRUE COPY OF THE SKETCH MAINTAINED AT TALUK OFFICE RD 4299/79 (41). EXHIBIT P8: TRUE COPY OF ORDER DATD 10/03/2004 BY RESPONDENT PANCHAYATH. EXHIBIT P9: TRUE COPY OF PLAN APPROVED ALONG WITH EXHIBIT P8 PERMIT NO. B4-438/03-04. RESPONDENTS' EXHIBITS: EXHIBIT R3(a): TRUE COPY OF THE LETTER ISSUED BY THE D.M.O. DATED 18/08/2007. EXHIBIT R3(b): TRUE COPY OF THE LETTER ISSUED BY POLLUTION CONTROL BOARD DATED 16/08/2007. EXHIBIT R3(c): TRUE COPY OF THE PLAN SHOWING THE PROPERTY OF THE PANCHAYATH AS WELL AS THE HOUSING BOARD. EXHIBIT R3(d): TRUE COPY OF THE ROAD MAP. EXHIBITR3(e): TRUE COPY OF THE LETTER ISSUED BY THE PANCHAYATH DATED 26/04/2008. /TRUE COPY/ P.A. TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 17990 of 2008 ................................................. Dated this the 17th day of July, 2009 J U D G M E N T The petitioner is the Kerala State Housing Board. Their grievance in this writ petition is that the 3rd respondent Panchayat is depositing waste in the property belonging to the housing board, where they proposed to establish a housing project. According to the petitioner, although in the beginning they also agreed for the deposit of the waste in that property, considering the difficulties faced by the Panchayat, they are no longer agreeable for continuing the deposit of waste in their property, since it would hamper their housing project. The petitioner therefore seeks the following reliefs: “(a) Declare that the 3rd respondent has no right or authority to dump waste in petitioner's property; (b) Or in the alternative issue a writ in the nature of mandamus or any other appropriate writ, order or direction compelling the first respondent to take up Exhibit 6 forthwith as as to see that no waste is dumped by the 3rd respondent in the properties owned and possessed by the petitioner board;” 2. The 3rd respondent would take the contention that the 3rd respondent was forced to do the same, since there is serious W.P(C) No. 17990 of 2008 -2- objections against solid waste treatment plant proposed to be established by the Panchayat, which is the subject matter of another writ petition namely W.P(C) No. 38065 of 2008. According to the 3rd respondent, presently they have no other place to deposit the waste and therefore the contention of the petitioner may not be accepted. 3. I have considered the rival contentions in detail. 4. The issue involved is squarely covered by decision of a Division Bench of this court which is Ext.P3 in this writ petition. The Division Bench stated thus in that judgment. “*** *** *** *** The writ petitions are disposed of with the above directions. If the Housing Board does not object, as a temporary measure, waste articles may be continued to be placed in their property hygienically, so as to tide over the present situation.” 5. Of course at the relevant time, the housing board did not object. But the Division Bench permitted to continue to deposit the waste in the property belonging to the Housing Board only if they do not object. Now that they object to continuance of deposit of waste in their property, going by that judgment, the 3rd respondent cannot continue to deposit the waste in their property. W.P(C) No. 17990 of 2008 -3- Accordingly the writ petition is allowed directing the 3rd respondent not to deposit waste in the property belonging to the petitioner any more. S. SIRI JAGAN, JUDGE rhs