IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 3214 OF 2021
PETITIONERS:
1 NAVEEN P SABU
AGED 43 YEARS
S/O.DEVASSY, NO.17, LINK VALLEY,
KUSUMAGIRI P.O., KAKKANAD-682 030.
2 O.RAVEENDRAN,
S/O.O.VELAYUDHAN, NO.41, LINK VALLEY,
KUSUMAGIRI P.O., KAKKANAD-682 030.
3 SANDEEP VARGHESE,
S/O.K.M.VARGHESE, NO.99, LINK VALLEY,
KUSUMAGIRI P.O., KAKKANAD-682 030.
4 MERCY THANKACHAN,
W/O.GEORGE THANKACHAN, NO.42 A, LINK VALLEY,
KUSUMAGIRI P.O., KAKKANAD-682 030.
5 SASIDHARAN KESHAVAN,
S/O.KESHAVAN, NO.9, LINK VALLEY,
KUSUMAGIRI P.O., KAKKANAD-682 030.
6 GEORGE THANKACHAN,
NO.42, LINK VALLEY, KUSUMAGIRI P.O.,
KAKKANAD-682 030.
7 JOMMEY JOSEPH,
AGED 99 YEARS
NO.80, LINK VALLEY, KUSUMAGIRI P.O.,
KAKKANAD-682 030.
BY ADV I.DINESH MENON
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF LOCAL SELF INSTITUTIONS,
GOVERNMENT SECRETARIAT,
P.O. THIRUVANANTHAPURAM-695 0901.
2 THE DISTRICT COLLECTOR,
CIVIL STATION P.O., KAKKANAD,
ERNAKULAM-682 030.
3 THE ENVIRONMENTAL ENGINEER,
POLLUTION CONTROL BOARD, DISTRICT OFFICE,
ERNAKULAM, KADAVANTHARA, MIG AND HIG COLONY,
W.P.(C).No.3214/2021
2
GANDHI NAGAR, ELAMKULAM, ERNAKULAM-682 020.
4 THE CIRCLE INSPECTOR OF POLICE,
INFO PARK POLICE STATION,
KAKKANAD, ERNAKULAM, KOCHI-682 030.
5 THE CHAIRMAN,
THRIKKAKKARA MUNICIPALITY,
THRIKKAKKARA P.O., KAKKANAD, KOCHI-682 030.
6 THE SECRETARY, THRIKKAKKARA MUNICIPALITY,
THRIKKAKKARA P.O., KAKKANAD, KOCHI-682 030.
ADDL.R7. M/S LINK VALLEY RESIDENTS ASSOCIATION
REG.NO.ER 405/2005, LINK VALLEY,
KUSUMAGIRI P.O, KAKKANAD,
ERNAKULAM DISTRICT-682 503
REPRESENTED BY ITS SECRETARY.
ADDL R7 IS IMPLEADED AS PER ORDER DATED 01-09-
2021 IN IA NO.3/2021 IN WP(C)3214/2021.
BY ADVS.
SRI. T.NAVEEN SC, KERALA STATE PCB
S.JAMAL
MANU RAMACHANDRAN
ANSU VARGHESE
M.KIRANLAL
R.RAJESH (VARKALA)
T.S.SARATH
SAMEER M NAIR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.3214/2021
3
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.3214 of 2021
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Dated this the 24th day of June, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus or such other writs, order or direction, commanding the respondents to provide for effective collection of waste and disposal of the same as far as Link Valley is concerned by considering Exts P1, P2 and P-3 representations in term with the provisions under Municipal Solid Wastes [Management and Handling] Rules 2000.
ii. Issue a writ of mandamus or such other writs, order or direction, directing the Pollution Control Board to conduct a spot inspection of the incinerator installed in Link Valley and to prevent burning of plastic wastes in the incinerator. iii. Issue a writ of mandamus or such other writ order of direction, directing the Health Authorities of Thrikkakkara Municipality to conduct an inspection as to whether an incinerator is installed in Link Valley and whether it is in conformity with the provisions of Municipal W.P.(C).No.3214/2021 4 Solid Wastes [Management and Handling] Rules 2000 as well as by the Pollution Control Board. iv. Issue any other writs or such other writ, order or direction, as this Hon Court may deem fit and proper in the nature and circumstances of the case.
(SIC)
2. When this writ petition came up for consideration on 19.11.2021, this Court passed the following order:
"The writ petition concerns the waste removal in a gated community. The petitioners who are the residents have a grievance that the present method followed in the gated community is not as contemplated by law and is a threat to their health. The counsel for the Residents Association submits that they have taken permission from the concerned authorities and are in the process of setting up an incinerator which work is likely to be completed in two weeks and that the allegation that plastic waste is being burned in the incinerator is not correct.
2. In the counter affidavit filed by the Residents Association, they have produced two letters dated 05.08.2021 and 13.9.2021 which are sent by the Association to the Environmental Engineer (3rd respondent). They have also produced Ext.R7(d) dated 3.5.2021, a letter from the 3rd respondent to the Association containing certain directions.
3. Having heard the parties, the 3rd respondent is W.P.(C).No.3214/2021 5 directed to depute an officer to inspect the premises and report to this Court regarding the present state of affairs. The inspection shall be conducted on 27.11.2021 at 10.30 am. The petitioners and the representatives of the Residents Association may also be present at the time of inspection. The report is to be submitted within one week thereafter. There is also an allegation that the waste generated is not being removed. The counsel for the Residents Association submits that an agency has already been engaged for the purpose and they are removing the waste on payment and it is also submitted that the petitioners are persons who are not willing to make the payment. The petitioners are directed to place before this Court materials to show that they are making the regular payments to the Association which alone will entitle them to demand the common facilities. Post on 24.11.2021 for the purpose of reporting on the above aspect alone."
3. Thereafter on 23.02.2022, this Court passed the following order:
"When the case is taken up today, the counsel for the petitioners submits that after demolishing the incinerator nothing else has been done. The counsel for the additional 7th respondent disputes this fact.
There will be a direction to the 3rd respondent to conduct an inspection in the premises and file a factual report regarding the present condition and W.P.(C).No.3214/2021 6 whether the issues relating to pollution have been averted. The report shall be filed on or before 16.03.2022."
4. Thereafter two reports were filed by the Environmental Engineer. It will be better to extract the relevant portion of the report dated 17.03.2022:
"2. It is respectfully submitted that this Hon'ble Court had passed orders on 23-02-2022 directing that "the third respondent to conduct an inspection in the premises and file a factual report regarding the present conditions and whether the issue related to pollution have been averted". In compliance with the said Order, this respondent had inspected the premises of Link Valley on 14.03.2022. During enquiry, it is noted that the Residence Association is processing their biodegradable wastes through bio bins which are kept in separate room. The Link Valley had entrusted M/s M/s. Pelican Kenterra for operating their waste management units including sanitary wastes disposal. An agreement has been executed between KEIL and M/s. Pelican Kenterra for disposal of sanitary waste. The Link Valley had complied the following directions.
i. The incinerator seen dismantled and not operational.
ii. The bio bins provided for the disposal of bio degradable wastes are kept in an enclosed shed.
W.P.(C).No.3214/2021 7 Bio bins are well maintained.
iii. The non- bio degradable wastes such as plastic waste, E-wastes and sanitary wastes are stored separately.
iv. The sanitary wastes are disposed through common bio medical wastes disposal facility KEIL, Ambalamugal.
3. It is respectfully submitted that the Residence Association had complied Board's directions except maintaining log book, for which a direction was issued during enquiry time. Since the Association had complied Board's directions, the complaint against the pollution problems due to operation of Incinerator and waste management facilities is averted."
In the light of the same, nothing survives in this case.
The 4th respondent will supervise the thing and see that there is no violation of the conditions.
With the above observation, this writ petition is closed.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.3214/2021 8 APPENDIX OF WP(C) 3214/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REPRESENTATION BEFORE THE SP OF POLICE DATED 16.01.2021 WITH RECEIPT (WITHOUT ANNEXURE).
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION BEFORE THE MUNICIPALITY DATED 16.01.2021 WITH RECEIPT.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION BEFORE THE MUNICIPALITY DATED 25.01.2021. EXHIBIT P4 COPY OF THE COMMUNICATION DATED 26.04.2021 EXHIBIT P5 COPY OF THE LETTER DATED 05.05.2021 EXHIBIT P6 COPY OF HTE COMMUNICATION DATED 03.05.2021 EXHIBIT P7 COPY OF THE REQUEST DATED 05.05.2021 RESPONDENTS' EXHIBITS EXHIBIT R7(A) The true copy of letter dated 24.11.2020 issued by 6th respondent to the Link Valley Residents Association EXHIBIT R7(B) The true copy of the letter dated 10-03-2021 given to Link Valley Residents Association from 6th respondent EXHIBIT R7(C) The true copy of the letter issued by the 4 th respondent dated 26.04.2021 to the Link Valley Residents Association EXHIBIT R7(D) The true copy of letter dated 03.05.2021 issued by 4th respondent to the Link Valley Residents Association EXHIBIT R7(E) The true copy of letter dated 05.08.2021 given by the 7th respondent to the 3 rd respondent seeking extension of time EXHIBIT R7(F) The true copy of the letter dated 13.09.2021 given by the 7th respondent to the PCB W.P.(C).No.3214/2021 9 EXHIBIT R7(G) COPY OF THE LETTER DATED 27.03.2021 GIVEN BY THE 7TH RESPONDENT TO THE 5TH RESPONDENT EXHIBIT R3(A) COPY OF LETTER NO.PCB/EKM/DO-1/GEN-
37/21 DATED 26.4.2021 ISSUED BY THE BOARD EXHIBIT R3(B) COPY OF LETTER NO.PCB/EKM/DO-1/GEN-
37/21 DATED 3/5.2021 ISSUED BY THE BOARD EXHIBIT R3(C) COPY OF THE GUIDELINES FOR USED MASK & SANITARY WASTE MANAGEMENT DATED 21.1.2021 ISSUED BY THE BOARD EXHIBIT R3(D) COPY OF LETTER NO.PCB/EKM/DO-1/GEN-
37/21 DATED 22.10.2021 ISSUED BY THE BOARD EXHIBIT R3(E) COPY OF LETTER NO.PCB/EKM/DO-1/GEN-
37/21 DATED 01.12.2021 ISSUED BY THE BOARD EXHIBIT R3(F) PHOTOGRAPHS SHOWING THE WASTE MANAGEMENT UNIT.