IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 WP(C).No. 4097 of 2008(K) ------------------------- PETITIONER: ------------ 1. JAYAKUMAR C.V., MAMBAZHAKKARA, PERUMPAZHUTHUR P.O., NEYYATTINKARA-695 126. 2. PASTOR D.KUNJAPPI, EVANJELIKKAL CHURCH OF INDIA, KURAVODE, ELAVANIKKARA, NEYYATTINKARA. BY ADV. SRI.N.NAGARESH SRI.BINU PAUL SRI.T.V.VINU RESPONDENTS: ------------- 1. NEYYATTINKARA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, NEYYATTINKARA. 2. DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER, THIRUVANANTHAPURAM. 4. KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, THIRUVANANTHAPURAM. BY SHRI.MUHAMMED ANZAR, GOVERNMENT PLEADER SMT.K.THULASY BHAI, SC, KPCB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE, J. ------------------------- W.P.(C) No. 4097 of 2008 --------------------------------- Dated, this the 5th day of February, 2008 J U D G M E N T The petitioners, who are residents of Mambazhakkara – Elavanikkara area of the 1 st respondent Municipality, are aggrieved by the steps, which are being taken by 1 st respondent Municipality, for establishing a municipal waste disposal plant in the area. According to the petitioners, the site is adjacent to the Neyyar river, which is the principal source of drinking water for themselves and also for the inhabitants of several nearby Panchayats. All these Panchayats, according to the petitioners, have objected to the site now selected by the Municipality for disposal of waste. According to the petitioners, the Municipality has not obtained permission from the respondents 2 to 5 in the matter of establishing the waste disposal plant. The petitioners have submitted representations before various authorities and Ext.P12 has been submitted by them before the 3 rd respondent. The writ petition has filed by the petitioners with the following prayers:- (i) issue a writ of mandamus or any other appropriate writ, direction or order commanding the 1st respondent to forbear from starting municipal waste disposal at the proposed Mambazhakkara – Elavanikkara area, in Neyyattinkara Municipality. WP(C) No.4097/2008 -2- (ii) issue a writ of mandamus or any other writ, direction or order commanding the 1st respondent to obtain all requisite statutory sanction from the respondents 2 to 5 before establishing any municipal solid waste disposal, processing or recycling mechanism in Neyyattinkara Municipality. Even though Shri.N.Nagaresh, learned counsel for the petitioner drew my attention to the various contentions and the grounds raised by them, I am not inclined, at present, to go into the merits of the matter. I am of the view that it is for the 3 rd respondent to take a decision on Ext.P12. Accordingly, even as I decline the main prayers sought for in the writ petition, I direct the 3 rd respondent to take up Ext.P12 immediately, conduct necessary inspections with notice to the petitioners and 1 st respondent Municipality and take a decision on Ext.P12. This decision shall be communicated by the 3 rd respondent to the 1 st respondent Municipality, who will bound to have due regard to that decision before taking concrete steps towards establishing the waste disposal plant. It is made clear that I have not decided the merits of the grounds raised and that all the grounds raised are left open to be decided, if necessary, in appropriate future proceedings. (PIUS C.KURIAKOSE, JUDGE) jg