IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 W.P.(C).No.20842 of 2008(S) --------------------------------------------------- PETITIONER:- -------------------- PAULSON PETER, (CONVENOR, ACTION COUNCIL) ERAKKUZHIYIL HOUSE, VIJAYAPURAM VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.A.K.HARIDAS SRI.R.ANILKUMAR RESPONDENTS:- ------------------------ 1. KOTTAYAM MUNICIPALITY, KOTTAYAM, REP. BY IT'S SECRETARY. 2. KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOTTAYAM, REP. BY ENVIRONMENTAL ENGINEER. 3. DISTRICT COLLECTOR, KOTTAYAM. 4. DISTRICT MEDICAL OFFICER, KOTTAYAM. 5. VIJAYAPURAM GRAMA PANCHAYATH, VIJAYAPURAM, KOTTAYAM, REP. BY ITS SECRETARY. R1 ADV. SRI.SIBY MATHEW & SRI.SURAJ PHILIP JACOB. R2 BY STANDING COUNSEL SRI.M.K.CHANDRAMOHAN DAS. R3 & R4 BY SENIOR GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2008, ALONG WITH W.P.(C).NO.24243 OF 2008-J, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu, C.J. & A.K.Basheer, J. ---------------------------------------------- W.P.(C).Nos.20842 of 2008-S & 24243 of 2008-J. ---------------------------------------------- Dated, this the 22nd October, 2008 JUDGMENT Basheer,J. Petitioners in these two writ petitions have got a common grievance. The reliefs sought for in them are also more or less identical. Therefore, these two writ petitions are being disposed of by this common judgment. (2) Petitioners are stated to be residents of Vadavathoor in Vijayapuram Panchayat of Kottayam District. Petitioners allege that the steps taken by the Municipality for disposal and management of waste in the Municipality is far from satisfactory and that they are not in consonance or compliance with the Municipal Solid Waste (Management and Handling) Rules, 2000. Petitioner in W.P.(C).No.20842 of 2008 has gone to the extent of contending for the position that the Municipality is not justified in installing the dumping yard at Vadavathoor. According to him, that dumping yard should be shifted to any other appropriate place. However, the petitioner in W.P.(C).No.24243 of 2008 while contending that the respondents should find an alternative suitable place to operate the waste WP(C).Nos.20842/2008-S & 24243/2008-J. - 2 - treatment plant, would also contend that the 4th respondent - Ramkey Infrastructure Ltd. - the Company which is in charge of installation of the plant, should be directed to take more effective protective measures, including erection of tall barricades/protective coverings over and around the site and its boundary. (3) The Municipality has filed a counter affidavit in W.P.(C). No.20842 of 2008, in which the steps taken for installation of the treatment plant and its operation have been narrated. To make a long story short, suffice it to say, it has been brought on record by the Municipality that Ramkey Infrastructure Ltd. has already completed the work of the first plant for the waste disposal. It is further stated that the said plant is now operational. It is further stated that the Municipality has already initiated steps for erection and installation of the second plant. The land acquisition proceedings are on and the Municipality has been promised by the District Collector that the additional extent of 1.3 acres of land required for the said purpose would be made available immediately. It is further stated by the learned counsel that the Municipality is confident of completing the erection/installation and commissioning of the second plant within six months' time from today. The learned counsel further states that all precautionary measures as contemplated under the Rules and Pollution WP(C).Nos.20842/2008-S & 24243/2008-J. - 3 - Control laws would be strictly and scrupulously implemented at the time of commissioning the plant. (4) The above submissions are recorded. (5) The Municipality shall adhere to and comply with all statutory mandates as provided under the Rules in the establishment of the plant and the competent authority shall further ensure that the plants do work properly, without causing any pollution in the area. Writ petitions are closed. H.L.Dattu Chief Justice A.K.Basheer Judge vku/-