IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WP(C).No. 35741 of 2009(S) ------------------------------------------- PETITIONER: ------------------- K.N.CHANDRASEKHARAN, AGED 66, S/O.LATE NARAYANA KUTTY, CHAIRMAN, AKHILA BHARATHA KSHETHRA SAMRAKSHANA SAMITHY. BY ADV. SRI.S.MURALI RESPONDENTS: ---------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, THE MINISTRY OF ENVIRONMENT AND FORESTS, NEW DELHI. 2. THE MEMBER - SECRETARY, THE CENTRAL POLLUTION CONTROL BOARD, NEW DELHI. 3. THE CHAIRMAN, THE KERALA STATE POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM. 4. THE SECRETARY (IRRIGATION AND WATER RESOURCES), GOVERNMENT OF INDIA. 5. THE SECRETARY/COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 6. THE SECRETARY, PUBLIC HEALTH, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 7. MANAGING DIRECTOR, COCHIN MINERALS AND RUTILES LTD., EDAYAR, ERNAKULAM DISTRICT. 8. MANAGING PARTNER, COCHIN CHEMICAL INDUSTRIES, EDAYAR, MUPPATHADAM, ERNAKULAM DISTRICT, REP.BY DR.P.SIVASANKARA PILLAI. R1 BY SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR GENERAL OF INDIA R3 BY STANDING COUNSEL SRI.M.K.CHANDRA MOHANDAS R5 BY ADV. SRI.V.KRISHNA MENON R6 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.P.(C) No.35741 of 2009 ------------------------------------------ Dated this the 17th day of December, 2009 JUDGMENT S.R.Bannurmath, C.J. This public interest litigation is filed by the Chairman of the Akhila Bharatha Kshethra Samrakshana Samithy alleging the disorderly steps taken in respect of river Pamba in not maintaining potable and usable water quality resulting in excess quantity of coliform bacteria and other solid contaminants, heavy metals, etc. making it difficult for the pilgrims of the famous shrine Sabarimala Temple to take bath in the holy river Pamba in the ensuing pilgrimage season and as such the petitioner has sought for the following reliefs: “a) Issue a Writ in the nature of Mandamus or other appropriate Writ, order or direction restraining the 3rd respondent directing the 5th respondent carrying out water treatment in river pamba or its tributaries, subsidiaries using ferrous chloride WP(C) No.35741 of 2009 - 2 - supplied by the 7th respondent or 8th respondent unless and until the efficacy of the water treatment and safety of the said water treatment is established by proper scientific studies and chemical analysis. b) Issue a Writ in the nature of Mandamus or other appropriate Writ or orders effecting constituting a committee consisting of Chemical Engineers, Environmental Scientists, to study and to report to this Hon'ble Court, the preset status of water, degree of contamination and the impact of proto-type testing of the tributary water stream of river pamba using the ferrous chloride manufactured by 7th and 8th respondents. c) Issue such other Writ or order calling for the records pertaining to the water treatment done in the river pamba during the last pilgrim seasons including the cost of procurement, water test details before and after the test, the chemical analysis report of the sludge developed during the water treatment from the 3rd respondent. d) Issue an order directing the 1st and 2nd respondent to produce all records relating to the WP(C) No.35741 of 2009 - 3 - correspondence regarding the removal of ferrous chloride contaminated manufactured by the 7th respondent from the list of hazardous material based on the recommendation from the 3rd respondent including any scientific study report or chemical analysis report and any other details connected thereto.” 2. The concern shown by the petitioner is based on a general observation/certificate issued by the Department of Chemical Oceanography, Cochin University of Science and Technology stating that purity of the iron compounds in the water is having high significance and any contamination that is present in the iron compounds can seriously affect the water quality as well as the eco-system functioning. 3. It is to be noted that there is absolutely no data or scientific evaluation produced by the petitioner to indicate that at present the water in Pamba river is highly contaminated. 4. In this regard, the third respondent, Chairman of the Kerala State Pollution Control Board has filed a WP(C) No.35741 of 2009 - 4 - counter affidavit indicating in detail the steps taken by the Pollution Control Board to maintain the purity of the water, especially in Pamba river. The vague allegations of the petitioner have been totally denied by the Pollution Control Board with scientific data and material in the form of counter affidavit. 5. On the face of absence of any contra indicating material or data produced by the petitioner, there is nothing before us not to accept the counter affidavit filed by the Chairman of the Pollution Control Board, at present. As such we do not think it proper to issue any direction by allowing the writ petition, at this stage. 6. Hence we dispose of the writ petition. The steps that are being taken by the Pollution Control Board appear to be proper and they may continue to do them. However, it is made clear that the petitioner is at liberty to approach the Pollution Control Board with scientific data and material in support of his WP(C) No.35741 of 2009 - 5 - allegations and if such an approach is made the Pollution Control Board shall consider the same expeditiously. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns