IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 WP(C).No. 15461 of 2005(N) -------------------------- PETITIONER(S): --------------- 1. BOBAN A.V. ALAPPATTU HOUSE, P.O.KOOTAPPURAM, KODUNGALLUR. 2. M.S.SALIM, MATHILAKATHU VEETTIL, P.O.KOTTAPPURAM, KODUNGALLUR. 3. M.S.ASHRAF, MATHILAKATHU VEETTIL, P.O.KOTTAPPURAM, KODUNGALLUR. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN RESPONDENT(S): --------------- 1. THE MATHALA GRAMA PANCHAYATH, REPRESENTEDBY ITS SECRETARY, ARAKAULAM, KODUNGALLUR. 2. THE HEALTH INSPECTOR, KUNNAMKULAM, P.O.KANDAMKULAM, KODUNGALLUR. 3. THE ENVIRONMENT ENGINEER, POLLUTION CONTROL BOARD, POONKUNNAM, THRISSUR. ADV. SRI.SAJU J.VALLYARA FOR R1 SRI.BABU JOSEPH KURUVATHAZHA,SC,POLU.C. FOR R3 SMT.K.K.THULASY BHAI,SC,POLLUTION C.BOA FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF SKETCH SHOWING THE LIE AND NATURE OF PETITIONERS' HOUSES. P2: TRUE COPY OF COMPLAINT FILED BY THE PETITIONERS TO THE HEALTH INSPECTOR, KODUNGALLUR. P3: TRUE COPY OF COMPLAINT FILED BY THE PETITIONERS. P4: TRUE COPY OF THE NEWS ITEM DT.18.5.2005. P5: PHOTOCOPY OF THE PHOTOGRAPH SHOWING THE NEARNESS OF THE HOUSE WITH THE PETITIONERS' HOUSE. P6: PHOTOCOPY OF THE RATION CARD ISSUED TO THE PETITIONER. P7: PHOTOCOPY OF THE PHOTOGRAPH SHOWS THE WASTE. RESPONDENT'S EXHIBITS: R1(a): TRUE COPY OF THE ASSESSMENT REGISTER DT.15.6.05. R1(b): TRUE COPY OF HEALTH INSPECTOR'S CERTIFICATE DT.17.5.05. R1c) : TRUE COPY OF AUCTION PROCEEDINGS DT.18.3.05 & AGREEMENT DT.31.3.05. R1(d): TRUE COPY OF CERTIFICATE OF THE TOTAL COMPAIGN COMMITTEE DT.21.6.05. R1(e): TRUE COPY OF PROJECT PLAN DT.16.6.05. ANNEXURE-R3(a): TRUE PHOTOCOPY OF THE ANALYSIS REPORT OF THE BOARD. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.15461 of 2005 .................................................................... Dated this the 14th day of July, 2009. JUDGMENT Petitioners have raised objection against public comfort station proposed by the first respondent. Grievance of the petitioners is that the public comfort station will cause pollution to the drinking water source which is a well nearby. However, counsel appearing for the third respondent produced copy of the report of the Environmental Engineer namely Ext.R3(a) wherein he has suggested measures to prevent pollution i.e. likely to be caused by the comfort station. On going through the report, I feel sufficient safeguards are maintained by him. Comfort station has to be located somewhere and if it causes pollution, remedy is to acquire the nearby land and give compensation to the owners. W.P. is accordingly disposed of leaving freedom to the Panchayat to proceed with construction of comfort station. However, petitioners are free to be present at the construction site or to be represented by any technical person to ensure that construction is done in accordance with the standards prescribed by the 2 third respondent. Similarly if comfort station is not maintained in the way suggested by the Environmental Engineer, petitioners can proceed against the Panchayat for compensation or other remedy. C.N.RAMACHANDRAN NAIR Judge pms