IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 16870 of 2008(G) -------------------------------------- PETITIONERS: ------------------ 1. V.C.THOMAS, VALAVARA KADUPPIL, MEENADOM P.O., KOTTAYAM. 2. V.C.PHILIP, VALAVARA KADUPPIL, MEENADOM P.O., KOTTAYAM. 3. K.P.MONICHAN, KOORAKKATT, MEENADOM P.O., KOTTAYAM. BY ADV. SRI.BECHU KURIAN THOMAS SRI.PAUL JACOB (P) SRI.ROSHEN.D.ALEXANDER SRI.NAVEEN SHERRY LUKOSE SMT.INDU SUSAN JACOB SMT.LAVINIYA LALAN RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF LOCAL ADMINISTRATION, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, KOTTAYAM. 3. KERALA STATE POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM. 4. MEENADOM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MEENADOM, KOTTAYAM. 5. DEPUTY DIRECTOR OF PANCHAYATS, KOTTAYAM. 6. DISTRICT MEDICAL OFFICER, KOTTAYAM. 7. JOYCE SKARIAH, VAYALILKOLLATTU, MEENADOM, KOTTAYAM. BY GOVERNMENT PLEADER SRI.K.V.MANOJKUMAR ADV. SRI.K.GOPALAKRISHNA KURUP - R4 SRI.JOSE PALLATTUKARAN - R7 SRI.M.K.CHANDRA MOHANDAS, SC, PCB - R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).16870/2008-G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 18/03/08 NO.G-2068/08/K DIS ISSUED BY THE 4TH RESPONDENT ALONG WITH SITE PLAN. EXT.P2: COPY OF THE SANCTION GRANTED BY DMO BY ORDER DATED 22/03/08 NO.C2/3478/08. EXT.P3: COPY OF THE ORDER DATED 27/03/08 NO.931/2008/LOC. ADM. ISSUED BY THE 1ST RESPONDENT. EXT.P4: COPY OF THE ORDER DATED 27/03/08 NO.934/2008/L. ADM ISSUED BY THE 1ST RESPONDENT. EXT.P5: A ROUGH SKETCH OF THE AREA WHERE THE WASTE TREATMENT PLANT AND BURIAL GROUND. EXT.P5(a):COPY OF THE PHOTOGRAPH OF THE SITE PROPOSED TO BE ACQUIRED AND THE HOUSE OF THE 2ND PETITIONER. EXT.P6: COPY OF THE ORDER DATED 19/04/2008 NO.PCB/KTM/E-191/36 ISSUED BY THE POLLUTION CONTROL BOARD. EXT.P6(a):COPY OF THE ORDER DATED 24/03/08 NO.PCB/KTM/CE/430/08 ISSUED BY THE POLLUTION CONTROL BOARD. EXT.P7: COPY OF THE PETITION DATED 22/05/08 SUBMITTED BY THE 1ST PETITIONER. EXT.P8: COPY OF THE PETITION DATED 28/05/08 SUBMITTED BY THE PETITIONERS TO THE 4TH RESPONDENT EXT.P8(a):COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R4(a):COPY OF THE RESOLUTION OF THE SUB COMMITTEE DATED 01/02/2008. EXT.R4(b):COPY OF THE RESOLUTION NO.1(9) DATED 11/02/2008. EXT.R4(c):COPY OF THE RESOLUTION NO.1(8) DATED 11/02/2008. // TRUE COPY // Rs/ ANTONY DOMINIC, J ----------------------------------------------------------------- W.P.(C).NO.16870/2008 ----------------------------------------------------------------- Dated this the 4th day of July, 2008 JUDGMENT The petitioners seek to quash Exts.P1 to P4. A direction to the 2nd and 4th respondents to take a decision on Exts.P7 and P8, after conducting a local inspection is also sought for. The prayer is sought for in the context of the proposal of the Panchayat to acquire a plot of land to establish a Solid Waste Disposal Plant and a concrete vault cemtery. The petitioners contend that the said plot does not satisfy the requirements laid down in various rules. 2. Ext.P1 is the approval granted by the Deputy Director of Panchayat, Ext.P2 is the approval granted by the District Medical officer and Exts.P3 and P4 are the approvals granted by the Government of Kerala. 2 3. The Panchayat in its counter affidavit mainly contends that the writ petition is premature. According to the Panchayat, in terms of the directions issued by the Government of Kerala, they are to establish a solid waste disposal plant. When they took steps to comply with the aforesaid Government direction, they also took note of a demand from the local residents for the establishment of a concrete vault cemtery as well. The Panchayat would submit that in pursuance to the above direction, the Panchayat had appointed a Special Committee of its members for identifying a suitable plot for establishing the aforesaid two facilities. It is stated that the committee so appointed, identified the plot and Ext.R4(a) is the proceedings of the Committee and the recommendation of the committee contained in Ext.R4(a) was considered by the Panchayat and it was resolved to accept the recommendation. 4. The Panchayat also resolved to request the authorities, namely, the Deputy Director of Panchayat, the 3 Enviornmental Engineer, the District Medical Officer and the Government to approve its proposal to establish the facilities in the plot identified by the Special Committee and approved by it. It is stated that in pursuance there of, the Deputy Director of Panchayat issued Ext.P1 granting approval, the District Medical Officer after investigation issued Ext.P2 approval and the Enviornmental Engineer of the Kerala Pollution control Board issued Exts.P6 and P6(a). It is also stated that by Exts.P3 and P4, the Secretary to Government also granted approval. According to the Panchayat the proposal now stands at that stage and that further action will be continued only in compliance with all other statutory requirements. 5. From the facts as disclosed in the counter affidavit filed by the Panchayat, it can be seen that the resolution is yet to be implemented by the Panchayat. It has only passed the resolution approving the site and obtained the approval of the authorities concerned. A reading of Exts.P1 to P4 4 shows that the authorities concerned have applied their mind and conducted inspection of the site and it is only thereafter they have granted approval to the proposal of the Panchayat. The petitioners have not placed any material to conclude that the decision of the authorities as contained in Exts.P1 to P4 is illegal or arbitrary for any reason. Therefore the challenge against Exts.P1 to P4 does not deserve acceptance and is rejected. 6. Be that as it may be, I record the submission of the counsel for the Panchayat that they will comply with all statutory requirements including compliance of Section 219 (F) before its decision to establish the facilties are implemented. In regard to the further prayer of the petitioners that Ext.P7 representation made to the District Collector should be directed to be considered, I direct that as and when Panchayat makes application to the District Collector in terms of the Kerala Panchayat Raj(Burial and Burning Ground)Rules, 1998, which according to the 5 Panchayat is yet to be made, it will be open to the petitioners to raise their objections to the site chosen by the Panchayat, in which case I have no doubt that the District Collector will consider those objections also. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. 6