Kerala High Court
Rameshan .K vs Varkala Municipality on 11 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 26073 OF 2017
PETITIONERS:
1 RAMESHAN .K
AGED 52 YEARS, S/O.KRISHNAN CHETTIYAR, R.S BHAVAN,
INDHAKKADU, SREENIVASAPURAM P.O,
VARKKALA,THIRUVANANTHAPURAM - 695 145.
2 SUNI R
R.S BHAVAN, SREENIVASAPURAM P.O,
VARKKALA,THIRUVANANTHAPURAM - 695 145.
3 V. JAGANNIVASAN
JAGATHI BHAVAN, SREENIVASAPURAM P.O,
VARKKALA,THIRUVANANTHAPURAM - 695 145.
4 SWARNAVALLI V
SHINE NIVAS, AZHOOR P.O,
CHIRAYINKEEZHU,THIRUVANANTHAPURAM - 695 145.
5 K.LALITHA
EDAKKADU PUTHENVEEDU, X/85,SREENIVASAPURAM P.O,
VARKKALA,THIRUVANANTHAPURAM - 695 145.
6 RAJASEKHARAN
DARSHANA HOUSE, EDAKKADU, SREENIVASAPURAM P.O,
VARKKALA,THIRUVANANTHAPURAM - 695 145.
7 KUMARESAN
S/O. MURUGAN, EDAKKADU VEEDU,SREENIVASAPURAM P.O,
VARKKALA,THIRUVANANTHAPURAM - 695 145.
8 UNNIKRISHNAN
EDAKKADU VEEDU, X/86,SREENIVASAPURAM P.O,
VARKKALA,THIRUVANANTHAPURAM - 695 145.
9 SANTHA
EDAKKADU PUTHENVEEDU, X/83,SREENIVASAPURAM P.O,
VARKKALA,THIRUVANANTHAPURAM - 695 145.
10 BINDU
SINDHUBHAVAN, X/71, EDAKKADU, SREENIVASAPURAM P.O,
VARKKALA, THIRUVANANTHAPURAM - 695 145.
11 SASI
WP(C) NO. 26073 OF 2017
2
KUNNIL VEEDU, X/225,
RAMANANDHAGIRI,SREENIVASAPURAM P.O,
VARKKALA,THIRUVANANTHAPURAM - 695 145.
12 S. DEVADAS
GOKULAM, X/60, SREENIVASAPURAM P.O,
VARKKALA,THIRUVANANTHAPURAM - 695 145.
13 SUNIL S
MADATHILVEEDU, X/44,SREENIVASAPURAM P.O,
VARKKALA,THIRUVANANTHAPURAM - 695 145.
BY ADVS.
SRI.G.S.KRISHNAN KARTHA
SRI.LIJIN THAMBAN
SRI.M.RETHEESHKUMAR
SRI.SANJAY THAMPI
RESPONDENTS:
1 VARKALA MUNICIPALITY
REPRESENTED BY THE SECRETARY, MUNICIPAL
OFFICE,VARKKALA,THIRUVANANTHAPURAM - 695 141.
2 THE SECRETARY
VARKALA MUNCIPALITY, MUNICIPAL OFFICE,
VARKKALA,THIRUVANANTHAPURAM - 695 141.
3 THE CHAIRMAN
VARKALA MUNCIPALITY, MUNICIPAL OFFICE,
VARKKALA,THIRUVANANTHAPURAM - 695 141.
4 KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN, PATTOM P.O,
THIRUVANANTHAPURAM - 695 004.
5 THE MEMBER SECRETARY
KERALA STATE POLLUTION CONTROL BOARD,
PATTOM P.O,THIRUVANANTHAPURAM - 695 004.
6 CHIEF ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD,
WP(C) NO. 26073 OF 2017
3
PATTOM P.O,THIRUVANANTHAPURAM - 695 004.
7 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE PATTOM P.O,
THIRUVANANTHAPURAM - 695 004.
8 LOCAL SELF GOVERNMENT INSTITUTIONS
DEPARTMENT
REPRESENTED BY ITS SECRETARY, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM - 695 001.
9 THE DISTRICT COLLECTOR
DISTRICT COLLECTORATE,
THIRUVANANTHAPURAM - 695 043.
10 SPECIAL TAHASILDAR (LAND ACQUISITION)
ADDL L.A, UNIT 6TH FLOOR, B-BLOCK CIVIL
STATION,KUDAPPANAKUNNU,
THIRUVANANTHAPURAM - 695 043.
11 CENTRE FOR EARTH SCIENCE STUDIES
REPRESENTED BY ITS SECRETARY,
AKKULAM,THIRUVANANTHAPURAM - 695 031.
12 SUCHITWA MISSION
LOCAL SELF GOVERNMENT DEPARTMENT,
REPRESENTED BY ITS EXECUTIVE
DIRECTOR,TRIVANDRUM - 695 014.
BY ADVS.
SHRI.K.SIJU, SC, VARKALA MUNICIPALITY
SRI. RIYAL DEVASSY, GOVERNMENT PLEADER
SRI.JAISHANKAR V.NAIR, CGC
SRI. T. NAVEEN, SC, PCB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 26073 OF 2017
4
P.V.KUNHIKRISHNAN, J.
--------------------------------------------
W.P.(C) No.26073 of 2017
----------------------------------------------
Dated this the 11th day of April, 2024
JUDGMENT
The above writ petition is filed with the following prayers:
"1. Issue a writ of Mandamus or any other appropriate writ or order directing the respondents No. 1 & 2 not to dump waste in the waste treatment plant situated in Kannwashramam Ward No. X situated in 1st respondent municipality.
2. Issue a writ of Mandamus or any other appropriate writ, direction or order, commanding the respondents to acquire the requisite land stipulated in Ext. P1 in a time bound manner.
3. Declare that the dumping of solid waste by the 1st respondent in Kannwashramam ward no. X is illegal and without any legal sanction from a competent authority, ie, pollution control board. WP(C) NO. 26073 OF 2017 5 4 Issue a writ of Mandamus or any other appropriate writ, direction or order commanding the 6th respondent to initiate punitive action against the erring officials of the 1st respondent for dumping waste without complying conditions of statutory authorisations issued by the 6th respondent.
5. Issue a writ of Quo Warranto or any other appropriate writ, order or direction restraining the 7 th respondent from renewing authorisation of the 1st respondent to dump waste without compliance of the conditions in Exhibit P1 in Kannwashramam Ward No. X by illegally encroaching the properties of 1st petitioner.
6. Direct the 1st respondent to pay compensation to the petitioners on account of illegal dumping of waste and for encroachment into the properties of the petitioners.
7. Issue such other appropriate writ or order which deemed just and necessary on the facts and circumstances of the case." SIC
2. When this writ petition came up for WP(C) NO. 26073 OF 2017 6 consideration on today, there is no representation for the petitioner.
3. Heard the learned counsel appearing for respondent Nos.1 to 3 and 4 to 7.
4. Probably, the prayers in this writ petition might have been infructuous. If there is any surviving grievance to the petitioner, the petitioner is free to approach the Municipality with appropriate representation and if, such a representation is received, the Municipality will do the needful, in accordance with law.
With the above observation, this writ petition is disposed of. Sd/-
P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 26073 OF 2017 7 APPENDIX OF WP(C) 26073/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE AUTHORIZATION GIVEN BY THE 6TH RESPONDENT DATED 01/11/2006.
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION BEARING NO.A2-639/11 ISSUED BY 6TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF INFORMATION PROVIDED BY THE PUBLIC INFORMATION OFFICER OF 1ST RESPONDENT MUNICIPALITY BEARING NO R3-3507/11.
EXHIBIT P4 TRUE COPY OF GOVERNMENT ORDER G.O.NO.1316/2007 ISSUED BY THE LOCAL SELF GOVERNMENT.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 5215/2007 DATED 18/6/2007.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 06/01/2010 IN WP(C) NO.33838/2009.
EXHIBIT P7 TRUE COPY OF THE EXTRA ORDINARY GAZETTE NOTIFICATION DATED 19/01/2011.
EXHIBIT P8 TRUE COPY OF COMMUNICATION ISSUED BY 6TH RESPONDENT TO 2ND RESPONDENT REGARDING NON-COMPLIANCE OF CONDITION IN AUTHORIZATION DATED 05/09/2012.
EXHIBIT P9 TRUE COPY OF THE REPORT SUBMITTED BY THE 6TH RESPONDENT IN HRMP NO.2851/2011 DATED 10/9/2012.
EXHIBIT P10 TRUE COPY OF THE AFFIDAVIT SUBMITTED WP(C) NO. 26073 OF 2017 8 BY THE 10TH RESPONDENT TAHASILDHAR DATED 03/01/2013.
EXHIBIT P11 TRUE COPY OF THE UNDERTAKING GIVEN BY THE 2ND RESPONDENT IN HRMP NO. 2851/2011 DATED 03/06/2013.
EXHIBIT P12 TRUE COPY OF THE ORDER OF KERALA STATE HUMAN RIGHTS COMMISSION DATED 30/04/2013.
EXHIBIT P12A TRUE COPY OF THE ORDER OF KERALA STATE HUMAN RIGHTS COMMISSION DATED 04/06/2013.
EXHIBIT P12-B TRUE COPY OF THE ORDER OF KERALA STATE HUMAN RIGHTS COMMISSION DATED 25/07/2013.
EXHIBIT P13 TRUE COPY OF REPRESENTATION DATED 20/12/2016 SUBMITTED BY THE 1ST PETITIONER.
EXHIBIT P14 TRUE COPY OF THE APPLICATION FILED UNDER RTI ACT DATED 31/03/2016.
EXHIBIT P15 TRUE COPY OF THE REPLY ISSUED BY THE ENGINEERING DEPARTMENT OF 1ST RESPONDENT MUNICIPALITY TO THE EXT. P14 APPLICATION.
EXHIBIT P16 TRUE COPY OF THE RTI APPLICATION DATED 01/04/2016 SUBMITTED BEFORE THE 6TH RESPONDENT.
EXHIBIT P17 TRUE COPY OF THE REPLY ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P18 TRUE COPY OF THE APPLICATION DATED
06/08/2010 FILED BY THE ONE
RATHNAKUMAR UNDER RIGHT TO
INFORMATION ACT BEFORE THE 7TH WP(C) NO. 26073 OF 2017 9 RESPONDENT.
EXHIBIT P19 THE 7TH RESPONDENT HAD REPLIED TO EXT.P18 VIDE REPLY DATED 13/08/2010.
EXHIBIT P20 TRUE COPY OF THE PHOTOGRAPHS EVIDENCING THE BLATANT VIOLATION OF THE POLLUTION CONTROL BOARD'S DIRECTIONS BY THE MUNICIPALITY.
EXHIBIT P21 TRUE COPY OF THE REPORT SUBMITTED BY THE 12TH RESPONDENT.
EXHIBIT P22 THE TRUE COPY OF THE REPORT SUBMITTED BY 11TH RESPONDENT.
EXHIBIT P23 TRUE COPY OF THE AUTHORIZATION ISSUED BY THE POLLUTION CONTROL BOARD DATED 03/03/2014.
EXHIBIT P24 TRUE COPY OF THE COMPLAINT SUBMITTED BY ONE RATHNAKUMAR BEFORE THE 7TH RESPONDENT.
RESPONDENT EXHIBITS EXHIBIT R1(A): THE TRUE COPY OF THE JUDGMENT DATED 18.06.2018 IN WPC NO.21335/2010.
EXHIBIT R1(B): THE TRUE COPIES OF THE PHOTOGRAPHS
SHOWING THE NATURE OF THE
SURROUNDING PROPERTIES OF THE WASTE TREATMENT PLANT AT WARD NO.X OF VARKALA MUNICIPALITY.
EXHIBIT R1(C): THE TRUE COPY OF THE COMMUNICATION NO.L.R.C1-42975/08 DATED 16.03.2010 ISSUED BY THE COMMISSIONER OF LAND REVENUE.
EXHIBIT R1(D): THE TRUE COPY OF THE NOTICE NO.K13/31024/07 DATED 31/03.2010 ISSUED TO SRI.RATNAKUMAR. WP(C) NO. 26073 OF 2017 10 EXHIBIT R1(E): THE TRUE COPY OF THE COMMUNICATION NO.KL-13-31024/2007 DATED 08.04.2010.
EXHIBIT R1(F): THE TRUE COPY OF THE COMMUNICATION NO.PW1/8986/03 VOL.II DATED 03.05.2012 ISSUED BY THE 2ND RESPONDENT TO THE SPECIAL THAHASILDAR, ADDITIONAL L.A.UNIT.
EXHIBIT R1(G): THE TRUE COPY OF THE COMMUNICATION NO.A2-970/2007 DATED 08.05.2012 ISSUED BY THE SPECIAL THAHASILDAR TO THE 2ND RESPONDENT.
EXHIBIT R1(H): THE TRUE COPY OF THE COMMUNICATION NO.PW1/8986/03/VOL.II DATED 26.05.2012.
//TRUE COPY// PA TO JUDGE