IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 WP(C).No. 18655 of 2007(U) -------------------------- PETITIONER: ------------ 1. JOHN THOMAS, AGED 36 YEARS, S/O.T.V.THOMAS, THARAYIL HOUSE, KOLAVARAICKAL PARA, KARIMPANAKUZHY, PATHANAMTHITTA DISTRICT. 2. AMINA ABDULKHADER, AGED 51 YEARS, W/O.LATE ABDULKHADER, THADATHIL PUTHENVEEDU, KOLAVARAICKAL PARA, KARIMPANAKUZHY, PATHANAMTHITTA DISTRICT. 3. REKHA RAJAPPAN, AGED 32 YEARS, W/O.RAJAPPAN, VATTAKKOOTTATHIL, KOLAVARAICKAL PARA, KARIMPANAKUZHY, PATHANAMTHITTA. 4. ASANARUKUNJU, THADATHIL, KARIMPANAKUZHY, PATHANAMTHITTA. BY ADV. SRI.PHILIP MATHEWS RESPONDENTS: ------------- 1. PATHANAMTHITTA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PATHANAMTHITTA MUNICIPALITY, PATHANAMTHITTA. 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 3. DISTRICT MEDICAL OFFICER, PATHANAMTHITTA 4. KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. WPC.No.18655/07 5. SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 6. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.V.K.SUNIL GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR GOVT.PLEADER SRI.M.K.CHANDRAMOHAN DAS, SC, PCB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.C.NO.18655/07 PETITIONER'S EXHIBITS EXT.P1 COPY OF THE SALE DEED NO.13/3/1985 DTD. 14-1-1985 OF SRO PATHANAMTHITTA EXT.P2 COPY OF THE LA NO.11/69 DTD. 4-12-69 OF SPECIAL TAHASILDAR LAND ASSIGNMENT, PATHANAMTHITTA EXT.P3 COPY OF THE SALE DEED NO.2508/1998 DTD. 4-11-98 EXT.P4 COPY OF THE LAND TAX RECEIPT NO.21352 DTD. 24-4-07 EXT.P5 COPY OF THE LAND TAX RECEIPT NO.11966 DTD. 24-4-07 EXT.P6 COPY OF THE LAND TAX RECEIPT NO.8929(A) DTD. 24-4-07 EXT.P7 COPY OF THE LAND TAX RECEIPT NO.15312 DTD. 24-4-07 EXT.P8 COPY OF THE JUDGMENT IN O.P.NO.13104/94 DTD. 25-9-03 EXT.P9 COPY OF THE REPRESENTATION SUBMITTED BY THE FIRST PETITIONER TO FIRST RESPONDENT DTD. 16-6-07 EXT.P10 COPY OF THE REPRESENTATION SUBMITTED BY FIRST PETITIONER TO 4TH RESPONDENT DTD. 16-6-07 EXT.P11 COPY OF THE REPRESENTATION SUBMITTED BY FIRST PETITIONER TO 2ND RESPONDENT. EXT.P12 COPY OF THE LETTER DTD. 26-6-07 FROM THE ENVIRONMENTAL ENGINEER OF THE 4TH RESPONDENT TO FR.SAJI THOMAS EXT.P13 COPY OF THE PROVISIONAL AUTHORIZATION DTD. 15-10-04 EXT.P14 COPY OF THE PLAINT IN O.S.NO.265/07 EXT.P15 COPY OF THE COMMUNICATION DTD. 5-7-07 FROM THE 4TH RESPONDENT TO THE FIRST RESPONDENT. EXT.P16 COPY OF THE DOCUMENTS RECEIVED BY THE FIRST PETITIONER FROM THE 4TH RESPONDENT. EXT.P17 COPY OF THE INSPECTION REPORT FROM THE THIRD RESPONDENT. EXT.P18 COPY OF THE NOTICE DTD. 6-10-07 EXT.P19 COPY OF THE MUNICIPAL RESOLUTION DTD. 17-9-02 WPC.No.18655/07 EXT.P20 COPY OF THE APPLICATION FILED BY THE MUNICIPALITY EXT.P21 COPY OF REPORT DTD. 29/08/02 BY THE TAHSILDAR, KOZHENCHERRY EXT.P22 COPY OF LETTER DTD. 7-09-02 FROM DISTRICT COLLECTOR FOURTH RESPONDENT'S EXHIBITS EXT.R4(1) A TRUE COPY OF THE PROVISIONAL AUTHORISATION NO. PCB/MSW/38/04 DTD. 15-10-04 EXT.R4(2) A TRUE COPY OF THE SHOW CAUSE NOTICE DTD. 4-6-07 EXT.R4(3) A TRUE COPY OF THE LETTER DTD. 9-07-07 EXT.R4(4) A TRUE COPY OF THE LETTER DTD. 17-7-07 EXT.R4(5) A SET OF ORIGINAL PHOTOGRAPHS EXT.R4(6) A TRUE COPY OF THE DIRECTION DTD. 2-8-07 EXT.R4(7) TRUE COPIES OF THE COMPLAINT DTD. 9-8-07 AND NEWS PAPER CUTTINGS. /True Copy/ sv. PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No. 18655 OF 2007 ----------------------------------------------- Dated this the 31st day of January, 2008 J U D G M E N T The petitioners who are residents of Ward No.28 of the Pathanamthitta Municipality have filed this writ petition arraying the Pathanamthitta Municipality (1st respondent), the District Collector, Pathanamthitta (2nd respondent), the District Medical Officer, Pathanamthitta (3rd respondent), the Kerala State Pollution Control Board (4th respondent), the Superintendent of Police, Pathanamthitta (5th respondent) and the State of Kerala (6th respondent) as respondents, seeking inter alia an order prohibiting the 1st respondent from dumping, depositing or unloading any waste articles in Kulavarickal Para in Ward No.28 of Pathanamthitta Municipality or in the properties covered by Exts.P1 to P7. Exts. P1 to P3 are title documents relating to properties standing in the name of the 1st petitioner and these documents, it is claimed, covered a total extent of 1 acre and 88 cents of land including 14.250 cents in Survey No. 335/4A1, 13, 2 by Annexure R1(a), 1.47 ares of property in Survey No.335/4A was assigned to the 1st respondent. When the Municipality attempted to dump waste on the property WP(C)N0.18655/07 -2- covered by Annexure R1(a), that was challenged before this Court by certain aggrieved persons and Ext.P8 is the judgment in that writ petition. Under Ext.P8, the 2nd respondent, District Collector was directed to pass orders on that representation. Ext.R1(b) is the order consequential to Ext.P8. On considering IA. No.9539/07 I passed an order directing the 3rd respondent to conduct an inspection and submit a report on the various matters stated in the order issued by the 6th respondent before 23-8-2007. Pursuant to that order, the District Medical Officer as well as the Pollution Control Board conducted inspection and submitted their reports. Apart from the reports, the 1st respondent Municipality has filed a detailed affidavit pursuant to the directions issued by this Court. The petitioner has submitted a reply affidavit. 2. I have considered the pleadings and also heard the submissions of the counsel appearing for the various parties, Mr.P.Philip Mathews, counsel for the petitioners, Mr.V.K.Sunil, Standing Counsel for the Municipality, Mr.M.K.Chandramohan Das, Standing Counsel for the Pollution Control Board and Mr.Mohammed Anzar, learned Government Pleader. 3. Mr.V.K.Sunil, counsel for the Municipality submitted that the WP(C)N0.18655/07 -3- Municipality does not intend to make use of the disputed property i.e. the property covered by Ext.R1(a) as a mere yard for dumping Municipal waste. According to him, a proposal has been submitted to the Pollution Control Board regarding the establishment of a scientific waste disposal plant with Vermi Composite Unit. The project will be established upon getting directions from the Pollution Control Board in that regard. Mr.V.Philip Mathews, counsel for the petitioners submitted that the petitioners are having claims of title over the property covered by Ext.R1(a) also. It will be immediately observed that in Ext.P14 plan, there are admissions which bar the petitioners from raising any claim of title over the property covered by Ext.R1(a). As for the submission of Mr.Philip Mathews that the Municipality will have to trespass into the properties belonging to the petitioners for the purpose of entering into the properties covered by Ext.R1(a), I am of the view that the petitioners should seek redressal of any such grievances not from this court under Article 226 but from the competent civil court itself. 4. I had by earlier order dated 22-1-2008, directed the 4th respondent, Pollution Control Board not to pass orders varying or cancelling Ext.R4(3) orders earlier passed by the Pollution Control WP(C)N0.18655/07 -4- Board directing the Municipality to stop unauthorized, unscientific and unhygienic dumping of waste. But later on 22-1-2008 I permitted the Pollution Control Board to pass fresh orders and communicate the same to all parties. The petitioners filed an application seeking reviewing of that order and in view of the pendency of that application, fresh orders were not passed by Pollution Control Board or communicated. Considering the stand taken by the Municipality that the Municipality's proposal is to establish a Scientific Waste Disposal Plant and not to use the land covered by Ext.R1(a) as an ordinary dumping place, I am of the view that it is not necessary to grant the reliefs sought for in the writ petition. The writ petition will stand disposed of with the following directions: Pollution Control Board will communicate its decision on the representations submitted by the petitioners to the petitioners and other parties immediately. If that decision comes to be against the petitioners, it is open to them to have recourse to statutory appellate remedies provided to them under the Water Act or the Air Act. The petitioners claim regarding title to the properties covered by Ext.R1(a) and the petitioners apprehension that entry to the property covered by Ext.R1(a) will be made by the Municipality by trespassing through the WP(C)N0.18655/07 -5- petitioners' properties will have to be raised by the petitioners before the Civil Court, which will adjudicate the claims and pass orders in accordance with law. (PIUS C.KURIAKOSE, JUDGE) srd.