IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WP(C).No. 24906 of 2010(S) -------------------------- PETITIONER: -------------- GEORGE THOMAS OLICKAL, PRESIDENT, ANTI POLLUTION ACTION COUNCIL, VELLANIKARA, KERALA AGRICULTURAL UNIVERSITY P.O. THRISSUR - 680 656. BY ADV. SMT.ELIZABETH MATHAI IDICULLA SRI.RACHEL P.MATHEW SRI.MOHAN IDICULLA ABRAHAM SRI.MARTIN D.ALUMKARA SRI.DEVAN K.MENON RESPONDENTS: ----------------- 1. THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 5. THE VICE CHANCELLOR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA KERALA AGRICULTURAL UNIVERSITY P.O., THRISSUR - 680 656. WP(C).No. 24906 of 2010(S) 6. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA KERALA AGRICULTURAL UNIVERSITY P.O., THRISSUR - 680 656. 7. THE SECRETARY, KERALA STATE POLLUTION CONTROL BOARD, PLAMOODU JUNCTION, PATTAM PALACE P.O., THIRUVANANTHAPURAM - 695 004. 8. THE DISTRICT COLLECTOR, THRISSUR. 9. THE SECRETARY, THRISSUR MUNICIPAL CORPORATION, THRISSUR. 10. THE DISTRICT MEDICAL OFFICER, THRISSUR. R1 TO R4, R8 & R10 BY SENIOR GOVERNMENT PLEADER, SMT. K. MEERA. R5 & R6 BY SRI.K.P.MUJEEB, SC, KERALA AGRI UNIVERSITY. R7 BY SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOARD R9 BY SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24906 of 2010(S) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF ONE OF NEWS PAPER REPORT APPEARED IN THE HINDU DAILY DATED 20.07.2010. EXT.P2 : TRUE COPY OF THE STUDY REPORT PREPARED BY NISHA L. ME(ENV.ENGG), Ph.D RESEARCH SCHOLAR IN THE DEPARTMENT OF ENVIRONMENTAL ENGINEERING, INDIAN INSTITUTE OF TECHNOLOGY, ROORKEE. EXT.P3 : TRUE COPY OF THE REPRESENTATION DATED 30.07.2010 SUBMITTED BY THE PETITIONER TO RESPONDENTS. EXT.P3(A) : TRUE ENGLISH TRANSLATION OF THE RESOLUTION DATED 29.04.2010 OF THE MADAKATHARA GRAMA PANCHAYATH, FORMING PART OF EXHIBIT.P3 REPRESENTATION. RESPONDENTS' EXHIBITS: EXTR5(A) : TRUE COPY OF THE GOVERNMENT ORDER APPOINTING KERALA AGRICULTURAL UNIVERSITY AS IMPLEMENTING AGENCY. EXTR5(B) : TRUE COPY OF THE EXECUTIVE COMMITTEE OF KAU, IN ITS 472ND MEETING HELD ON 13.07.2010. EXT.R5(C) : TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING WAS SIGNED BETWEEN THE REGISTRAR AND THE SECRETARY, THRISSUR CORPORATION ON 30.07.2010. EXT.R5(D) : TRUE COPY OF THE MEMORANDUM OF AGREEMENT WAS EXECUTED BETWEEN THE ABOVE PARTIES ON 28.08.2010. EXT.R9 : TRUE COPY OF THE AGREEMENT BETWEEN THE REGISTAR OF KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA AND SECREARY, THRISSUR CORPORATION DATED 28.08.2010. /TRUE COPY/ PA TO JUDGE J.Chelameswar, C.J. & Antony Dominic, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 24906 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of March, 2011 JUDGMENT Antony Dominic, J. The first prayer in the writ petition reads as follows: “i. issue a Writ of Mandamus or any other appropriate Writ, Order or Direction directing respondents 1 to 6 and 8 and 9 not to proceed with the proposal to dispose the Thrissur Municipal Corporation waste at the Instructional Farm of the Kerala Agricultural University at Vellanikkara, till a decision is taken on Exhibit.P3 representation submitted by the petitioner;” 2. Respondents 5 and 6 have filed a counter affidavit, paragraph 8 of which reads as follows: “8. It is humbly submitted that the contention of the petitioner that the Thrissur Municipal Corporation wastes are being disposed at the Instructional Farm of the KAU is against reality as stated above. One Waste Processing Centre out of six such centres identified in various parts of Thrissur Corporation is situated in the Mannuthy Campus of Kerala Agricultural University. This campus is supposed to function as a model unit for treating and recycling the waste materials collected from ten Local Waste Processing Centres. The said place has not been allotted to Thrissur Corporation since it is to be sorted out as to whether this land belongs to Kerala WPC No. 24906 of 2010 -:2:- Agricultural University or the newly formed Kerala Veterinary and Animal Science University.” From the above we can see that the apprehension of the petitioner that the respondent Municipality is proceeding to establish a Waste Disposal Plant in the Instructional Farm of the Kerala Agricultural University at Vellanikkara is without any basis. Therefore, recording the averments in paragraph 8 of the counter affidavit filed by respondents 5 and 6, this writ petition is closed. J.Chelameswar, Chief Justice. Antony Dominic, Judge. ttb WPC No. 24906 of 2010 -:3:-