IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No. 9149 of 2005(S) ------------------------------------- PETITIONERS: --------------------- 1. ABDULKHADER CHEKKUPPA, CHEKKUPPA HOUSE, THAMARAKUZHI, MALAPPURAM, PRESENTLY THE CHAIRMAN OF THAMARAKUZHI POURASAMITHI, MALAPPURAM. 2. M.P.VINOD, `ANUGRAHA', THAMARAKUZHI, MALAPPURAM, PRESENTLY THE CONVENER OF THAMARAKUZHI POURASAMITHI, MALAPPURAM. BY ADV. SRI.T.KRISHNAN UNNI (SR.) RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. REVENUE DIVISIONAL OFFICER, PERINTHALMANNA. 3. DISTRICT MEDICAL OFFICER, MALAPPURAM. 4. MALAPPURAM MUNICIPALITY REPRESENTED BY ITS SECRETARY, MALAPPURAM. 5. CHAIRPERSON, MALAPPURAM MUNICIPALITY, MALAPPURAM. 6. POLLUTION CONTROL BOARD, REPRESENTED BY ITS MEMBER SECRETARY, THIRUVANANTHAPURAM. 7. KERALA HOTEL & RESTAURANT OWNER'S ASSOCIATION, MALAPPURAM MUNICIPAL COMMITTEE REPRESENTED BY ITS SECRETARY, P.SASIKUMAR, HOTEL PRASANTH, MALAPPURAM. R1 TO R3 BY SR.GOVERNMENT PLEADER SMT.K.MEERA ADV. SRI.T.K.AJITH KUMAR FOR R7 SRI.BABU S. NAIR FOR R4,R5 SMT.K.K.THULASY BHAI,SC,POLLUTION CONTRI BOARD- FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.9149 OF 2005-S APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE NEWSPAPER REPORT DATED 15.2.2005 IN MATHRUBHUMI DAILY. EXT.P2 TRUE COPY OF THE NEWSPAPER REPORT DATED 18.2.2005 IN MATHRUBHUMI DAILY. EXT.P3 TRUE COPY OF THE NEWSPAPER REPORT DATED 19.2.2005 IN MATHRUBHUMI DAILY. EXT.P4 TRUE COPY OF THE NEWSPAPER REPORT DATED 16.2.2005 IN MATHRUBHUMI DAILY. EXT.P5 TRUE COPY OF THE NEWSPAPER REPORT DATED 2.3.2005 IN HINDU DAILY EXT.P6 TRUE COPY OF THE REPORT PUBLISHED IN INDIAN EXPRESS DAILY DATED 2.3.2005 EXT.P7 TRUE COPY OF THE PHOTOGRAPH PUBLISHED IN MATHRUBHUMI DAILY DATED 5.3.2005 EXT.P8 TRUE COPY OF THE REPORT PUBLISHED IN KERALA KOUMUDI DAILY DATED 2.3.2005 EXT.P9TRUE COPY OF THE REPORT PUBLISHED BY MALAYALA MANORAMA DAILY DATED 2.3.2005 EXT.P10 TRUE COPY OF THE PRESS RELEASE ISSUED BY THE KERALA HOTELS AND RESTAURANTS ASSOCIATION, MALAPPURAM COMMITTEE DATED 22.2.2005 EXT.P11 TRUE COPY OF THE REPRESENTATION DATED 22.9.2005 EXT.P12 TRUE COPY OF THE REPRESENTATION SUBMITTED BY POURAMASITHI DATED 21.2.2005 EXT.P13 TRUE COPY OF THE REPRESENTATION DATED 20.2.2005 EXT.P14 TRUE COPY OF THE REPRESENTATION DATED 1.3.2005 EXT.P15 TRUE COPY OF THE REPRESENTATION DATED 9.3.2005 / TRUE COPY / J.B.Koshy, Ag.C.J. & V.Giri, J. ------------------------------------------ W.P.(C) No. 9149 of 2005 ------------------------------------------ Dated, this the 16th day of January, 2009 JUDGMENT J.B.Koshy, Ag.C.J. Petitioners are exposing a public cause and complaining against the inaction on the part of the Municipality. According to them, Malappuram area, especially Thamarakuzhi, is highly polluted because of the flowing of dirty water and effluents from the hotels and restaurants at uphill to that area. 2. In the circumstances, we direct the District Collector as well as the Municipality to take urgent action in the matter and also to dispose of Exts.P11 to P15 representations. The District Collector is also directed to see that the statutory authorities are functioning well and pollution in the area is reduced, and also take appropriate action to drain out dirty water and effluents from the residential area. Writ petition is disposed of as above. J.B.Koshy, (Ag. Chief Justice) V.Giri, (Judge) vns