Kerala High Court
Thrikkakara Municipality vs Paul Mecheril on 3 December, 2025
Author: Anil K. Narendran
Bench: Anil K. Narendran
2025:KER:92842
W.A.No.2585 of 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
WEDNESDAY, THE 3RD DAY OF DECEMBER 2025 / 12TH AGRAHAYANA, 1947
WA NO.2585 OF 2025
AGAINST THE ORDER DATED 10.10.2025 IN WP(C)NO.5012 OF 2025
OF THE HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 3 AND 4:
1 THRIKKAKARA MUNICIPALITY
THRIKKAKARA ERNAKULAM REP BY ITS SECRETARY,
PIN - 682021
2 THRIKKAKARA MUNICIPAL COUNCIL
OFFICE OF THE THRIKKAKARA MUNICIPALITY THRIKKAKARA
ERNAKULAM REP BY ITS PRESIDENT, PIN - 682021
BY ADV SRI.S.JAMAL, SC, THRIKKAKKARA MUNICIPALITY
RESPONDENTS/PETITIONERS AND RESPONDENTS 1, 2, 5 to 8:
1 PAUL MECHERIL, AGED 84 YEARS
CHIEF PATRON, THRIKKAKARA SAMSKARIKA KENDRAM,
KAKKANAD, KOCHI. S/O. LATE JOSEPH MECHERIL, MECHERIL
HOUSE, MAVELIPURAM, KAKKANAD P.O., ERNAKULAM,
KOCHI, PIN - 682030
2 SALIM KUNNUPURAM, AGED 60 YEARS
PRESIDENT, THRIKKAKARA RESIDENTS' ASSOCIATION APEX
COUNCIL AND PRESIDENT OF KUNNUMPURAM RESIDENTS'
ASSOCIATION, KAKKANAD P.O., KOCHI. S/O. AHAMMED
PILLAI, KUNNUPURATH HOUSE, KAKKANAD P.O, KOCHI, PIN -
682030
3 SAYAJKHAN S, AGED 45 YEARS
S/O. SAFARULLAKHAN, 11E, NOEL POETRY, MAVELIURAM,
KAKKANAD P.O, KOCHI, PIN - 682030
4 CIJU PRAKASAM, AGED 50 YEARS
SECRETARY, NOEL POETRY APARTMENT OWNERS' ASSOCIATION,
MAVELIPURAM, KAKKANAD P.O., KOCHI. S/O. P.U. PRAKASAM,
13C, NOEL POETRY, MAVELIURAM, KAKKANAD P.O,
KOCHI, PIN - 682030
2025:KER:92842
W.A.No.2585 of 2025 2
5 VINOD K., AGED 50 YEARS
S/O. S. KRISHNA SARMA, 17C SKYLINE SPECTRA,
MAVELIPURAM, KAKKANAD P.O., KOCHI, PIN - 682030
6 SREEKUMAR V NAIR, AGED 59 YEARS
S/O. K.K. VASU NAIR, 11E, SKYLINE SPECTRA,
MAVELIPURAM, KAKKANAD P.O., KOCHI, PIN - 682030
7 SIRAJUDEEN A, AGED 49 YEARS
S/O. ABDUL AZEES S., 16E, SKYLINE SPECTRA, MAVELIURAM,
KAKKANAD P.O., KOCHI, PIN - 682030
8 PRAVIN J.D., AGED 43 YEARS
SECRETARY, SKYLINE SPECTRA, KAKKANAD, KOCHI. S/O. A.
JOSEPH, 2B, SKYLINE SPECTRA, MAVELIPURAM, KAKKANAD
P.O., KOCHI, PIN - 682030
9 ROY JOSE, AGED 45 YEARS
TREASURER, SKYLINE SPECTRA, KAKKANAD, KOCHI. S/O. P.A.
JOSE, 3D, SKYLINE SPECTRA, MAVELIPURAM, KAKKANAD P.O.,
KOCHI, PIN - 682030
10 SREEJU P SREEDHARAN, AGED 44 YEARS
PRESIDENT, TRANQUIL TOWERS, KAKKANAD, KOCHI. S/O. M.S.
PILLAI, TRANQUIL TOWERS, NEAR CIVIL STATION, SEAPORT
AIRPORT ROAD, KAKKANAD, KOCHI, PIN - 682030
11 JOSEPH M.M, AGED 57 YEARS
SECRETARY, TRANQUIL TOWERS, KAKKANAD, KOCHI. S/O. LATE
M.T. MATHEWS, TRANQUIL TOWERS, KAKKANAD,
KOCHI, PIN - 682030
12 MANU PHILIP GEORGE, AGED 57 YEARS
TREASURER, TRANQUIL TOWERS, KAKKANAD, KOCHI. S/O. LATE
GEORGE PHILIP, TRANQUIL TOWERS, SEAPORT AIRPORT ROAD,
KAKKANAD, KOCHI, PIN - 682030
13 MATHEW VARGHESE T, AGED 59 YEARS
PRESIDENT, GOOD EARTH HUES OF LIFE, KAKKANAD, KOCHI.
S/O. T.V. VARGHESE, 5C, GOOD EARTH HUES OF LIFE,
MAVELIPURAM, KAKKANAD, KOCHI, PIN - 682030
14 SANJEEV JOSEPH SAMUEL, AGED 50 YEARS
SECRETARY, GOOD EARTH HUES OF LIFE, MAVELIPURAM,
KAKKANAD, KOCHI. S/O. LATE K.Y. SAMUEL, 4C, GOOD EARTH
HUES OF LIFE, MAVELIPURAM, KAKKANAD,
KOCHI, PIN - 682030
15 PRABHAKAR R, AGED 75 YEARS
PRESIDENT, EV SINAI TOWER, MAVELIPURAM, KAKKANAD,
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W.A.No.2585 of 2025 3
KOCHI. S/O. RAGHUNATH, 7C, EV SINAI TOWER,
MAVELIPURAM, KAKKANAD, KOCHI, PIN - 682030
16 SIBITHA BABY, AGED 40 YEARS
SECRETARY, EV SINAI TOWER, MAVELIPURAM, KAKKANAD,
KOCHI. D/O. K.P. BABY, 3C, EV SINAI TOWER,
MAVELIPURAM, KAKKANAD, KOCHI, PIN - 682030
17 STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
18 DISTRICT COLLECTOR,
CIVIL STATION, KAKKANAD, ERNAKULAM,
KOCHI, PIN - 682030
19 SUCHITWA MISSION,
LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF
KERALA, PANAVILA JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM, REPRESENTED BY ITS EXECUTIVE
DIRECTOR, PIN - 695014
20 KERALA STATE POLLUTION CONTROL BOARD,
PLAMOOD, PATTOM PALACE P.O., THIRUVANANTHAPURAM,
REPRESENTED BY ITS MEMBER SECRETARY, PIN - 695004
21 VILLAGE OFFICER,
KAKKANAD VILLAGE, ERNAKULAM, KOCHI, PIN - 682030
22 KERALA ENVIRO INFRASTRUCTURE LIMITED,
TSDF PROJECT, DIVISION CAMPUS, AMBALAMEDU, KOCHI,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, PIN -
682303
OTHER PRESENT:
SRI. JOSEPH KODIANTHARA (SR.)
SRI. C. E. UNNIKRISHNAN, SPL. GP
SRI.T. NAVEEN, SC, KSPCB
SRI. BABU JOSEPH KURUVATHAZHA
SRI. VISHNU BHUVANEDRAN
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 31.10.2025,
THE COURT ON 03.12.2025 DELIVERED THE FOLLOWING:
2025:KER:92842
W.A.No.2585 of 2025 4
JUDGMENT
Anil K. Narendran, J.
The appellants are respondents 3 and 4 in W.P.(C)No.5012 of 2025, which was one filed by respondents 1 to 16-petitioners, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P10 order dated 30.10.2024 issued by the 2nd respondent District Collector; a writ of mandamus commanding respondents 2 to 4, namely, District Collector, Thrikkakkara Municipality and Thrikkakkara Municipal Council, to follow the directions issued and the undertaking given in Ext.P1 judgment dated 17.06.1999 in W.A.No.1170 of 1999 of this Court pertaining to the establishment of Municipal Solid Waste Management and Processing Site strictly, as well as the distance criteria prescribed in Ext.P7 norms issued by the 6th respondent Kerala State Pollution Control Board dated 02.03.2023; a writ of mandamus commanding the Thrikkakkara Municipality to strictly follow the direction issued by the 1 st respondent State of Kerala in Ext.P8 Government order dated 25.05.2025 and Ext.P9 Guidelines, which form part of Ext.P8, and remove the entire quantity of municipal solid waste piled 2025:KER:92842 W.A.No.2585 of 2025 5 up/deposited by Thrikkakkara Municipality from the present dumping site, which is situated very close to the Co-operative Hospital, Kakkanad.
2. In W.P.(C)No.5012 of 2025, the 3rd respondent Thrikkakkara Municipality filed a statement dated 19.02.2025, producing therewith Annexures R3(a) and R3(b) documents. The 2nd respondent District Collector has filed a counter affidavit dated 01.03.2025 in W.P.(C)No.5012 of 2025, producing therewith Annexures R2(a) and R2(b) documents.
3. On 10.10.2025, when the writ petition came up for consideration, the learned Single Judge passed an interim order staying Ext.P10 order dated 30.10.2024 and restraining the 3rd respondent Thrikkakkara Municipality from starting a waste management plant in any other area other than the area that is covered under Ext.P1 judgment dated 17.06.1999 in W.A.No.1170 of 1999. In the said order, it was made clear that it would be up to the Municipality to seek modification of its own undertaking, which is recorded in Ext.P1 judgment. Paragraphs 2 to 5 and also the last paragraph of the order dated 10.10.2025 read thus;
"2. The petitioners' case is that, in Ext.P1 judgment dated 17.06.1999, this Court had recorded the explicit 2025:KER:92842 W.A.No.2585 of 2025 6 undertaking of the 3rd respondent-Municipality that they would purchase a property under the 3rd Peoples' plan Programme for 1999-2000 and construct a modern garbage treatment plant and slaughter house within six months from the date of judgment. Notwithstanding the said undertaking, the Municipality has not moved its little finger to establish the said garbage treatment plant. Instead, now by Ext.P10 order, they propose to start a garbage treatment plant in a totally different locality in violation of their undertaking made before this Court.
3. In the statement filed by the 3rd respondent it is stated that, even though 50 cents of land was purchased at Ward No.6 at Vanachira to start the solid waste treatment plant for the Municipality, pursuant to its undertaking recorded in Ext.P1 judgment, later it was found that the property is a paddy land and needs to be filled up, to make it suitable for constructing the waste treatment plant. Besides that, there was a stiff resistance from the people of the locality from constructing the waste treatment plant. Meanwhile, in 2006, the Panchayat became a Municipality and the population in the Municipal area increased. Among the population, a large number of people have neither own land nor residential buildings. This prompted the Municipality to include the 50 cents of land under the Life Mission Project and construct a residential building complex at free of cost. Accordingly, the Municipal Council, by its decision dated 10.2.2015, has decided to construct a flat in the said property.
4. A reading of the above statement reveals that the 3 rd respondent has not kept upto its undertaking made before 2025:KER:92842 W.A.No.2585 of 2025 7 this Court as early as on 17.06.1999. Even though the Municipality had acquired the property for the said purpose, they slept over it for the last 25 years. It is mysterious how the Municipality has disposed the solid waste over the years.
5. Now, the Municipality wants to take a volte face and start a waste treatment plant in another locality covered under Ext.P10 order. As long as the undertaking made by the Municipality before this Court remains on paper, I am of the definite view that the Municipality cannot take a different stand.
In the above said circumstances, I am satisfied that the petitioners have made out a prima facie case for an interim order. Hence, I stay Ext.P10 order and restrain the 3rd respondent from starting a waste management plant in any other area other than the area that covered under Ext.P1 judgment. Nevertheless, it would be upto the Municipality to seek for modification of its own undertaking which is recorded in Ext.P1 judgment."
4. Feeling aggrieved by the interim order dated 10.10.2025 of the learned Single Judge in W.P.(C)No.5012 of 2025, the appellants-respondents 3 and 4 are before this Court in this writ appeal invoking the provisions under Section 5(i) of the Kerala High Court Act, 1958.
5. On 27.10.2025, when this writ appeal came up for admission, the learned Special Government Pleader sought time to make available for the perusal of this Court a copy of the sketch 2025:KER:92842 W.A.No.2585 of 2025 8 and mahazar referred to in Ext.P10 proceedings dated 30.10.2024 of the District Collector. The learned Standing Counsel for Thrikkakkara Municipality was directed to make available for the perusal of this Court a location sketch or aerial photograph of the property referred to in Ext.P10 proceedings dated 30.10.2024 of the District Collector and also that of the property covered by Ext.P2 sale deed.
6. On 31.10.2025, when this writ appeal came up for consideration along with a memo dated 30.10.2025 filed by the learned Standing Counsel for Thrikkakkara Municipality, aerial photographs of the property referred to in Ext.P10 proceedings dated 30.10.2024 of the District Collector and the property referred to in Ext.P1 judgment, which is covered by Ext.P2 sale deed, are placed on record. The learned Special Government Pleader has made available for the perusal of this Court a report dated 26.10.2024 of the Village Officer, Kakkanad, along with the sketch.
7. We heard the arguments of the learned Senior Counsel for the appellants, the learned counsel for respondents 1 to 16- petitioners, the learned Special Government Pleader for 2025:KER:92842 W.A.No.2585 of 2025 9 respondents 17 to 19 and 21, the learned Standing Counsel for Kerala State Pollution Control Board for the 20 th respondent and also the learned counsel for the 22nd respondent.
8. The learned Senior Counsel for the appellants contended that the interim order dated 10.10.2025 of the learned Single Judge in W.P.(C)No.5012 of 2025 is contrary to facts, law and materials on record. On account of the interim order, two welfare projects of the Municipality, which are in the process of being set up by utilising public funds, are stalled. One project is to alleviate housing needs of the poorer sections of society, and the other is to establish a bio-degradable solid waste treatment plant. The interim order passed by the learned Single Judge affects the substantial rights of the appellant, and hence an intra-court appeal is maintainable under Section 5(i) of the Kerala High Court Act. The learned Senior Counsel would submit that, as undertaken in the statement filed in W.P.(C)No.5012 of 2025, the Municipality will install a solid waste treatment plant on the property covered by Ext.P10 Government order, only after obtaining the consent of the 6th respondent Kerala State Pollution Control Board, strictly following the conditions stipulated by the Board.
2025:KER:92842 W.A.No.2585 of 2025 10
9. The learned Special Government Pleader would submit that, as stated in the counter affidavit dated 01.03.2025 filed in W.P.(C)No.5012 of 2025 by the 2nd respondent District Collector, Thrikkakkara Municipality made an application on 22.03.2024, along with Suchitwa Mission, for allotting the land in question for establishing a solid waste treatment plant. The Revenue Department, vide G.O.(Ms.)No.186/2023/RD dated 03.08.2023, recommended that the property can be allotted to the Municipality. The final decision on the suitable technology and the implementing agency for establishing a solid waste treatment plant on the property covered by Ext.P10 Government order has not been finalised, and a report on technical aspects can be given only after a final decision is taken.
10. The learned Standing Counsel for the Kerala State Pollution Control Board would submit that Thrikkakkara Municipality is yet to submit a proposal before the Board for prior consent to establish a solid waste treatment plant on the property covered by Ext.P10 Government order. As stated in Ext.R2(b) letter dated 25.02.2025 of the Environment Engineer of the Board, addressed to the District Collector, when such a proposal is 2025:KER:92842 W.A.No.2585 of 2025 11 received, the Board shall verify the same and issue the consent to establish if the proposed site complies with the distance criteria and is found to be suitable for establishing a solid waste treatment plant. Before granting consent to establish, the Board has to ensure that the proposed solid waste treatment plant complies with the distance criteria and adequate pollution control measures.
11. The learned counsel for respondents 1 to 16- petitioners contended that the interim order dated 10.10.2025 of the learned Single Judge in W.P.(C)No.5012 of 2025 warrants no interference in this intra-court appeal filed under Section 5(i) of the Kerala High Court Act. When 50 cents of land was purchased by the erstwhile Thrikkakkara Grama Panchayat at Ward No.6 of Vanachira, vide Ext.P2 sale deed was for the purpose of establishing a solid waste treatment plant, as undertaken before this Court in the year 1999, as evident from Ext.P1 judgment dated 17.06.1999 in W.A.No.1170 of 1999, the learned Single Judge cannot be found fault with in granting an interim order staying the operation of Ext.P10 order dated 30.10.2024 of the District Collector and restraining Thrikkakkara Municipality from 2025:KER:92842 W.A.No.2585 of 2025 12 establishing a solid waste treatment plant in any area other than the area referred to in Ext.P1 judgment, i.e., the property covered by Ext.P2 sale deed. The property referred to in Ext.P10 proceedings dated 30.10.2024 of the District Collector is not suitable for setting up a solid waste treatment plant. The learned counsel for the 22nd respondent has also advanced the very same contentions.
12. The photographs of (i) the property referred to in Ext.P10 proceedings dated 30.10.2024 of the District Collector and (ii) the property referred to in Ext.P1 judgment, which is covered by Ext.P2 document, are extracted hereunder;
(i) the property referred to in Ext.P10 proceedings dated 30.10.2024 2025:KER:92842 W.A.No.2585 of 2025 13
(ii) the property referred to in Ext.P1 judgment, which is covered by Ext.P2 document
13. In the statement dated 19.02.2025 filed in W.P.(C)No.5012 of 2025, by the 3rd respondent Thrikkakkara Municipality, it is stated that the 50 cents of land referred to in Ext.P1 judgment dated 17.06.1999 was purchased by the erstwhile Thrikkakkara Grama Panchayat at Ward No:6 at Vanachira, vide Ext.P2 document No.342/2000 of the Sub Registrar Office, Thrikkakkara, to install and implement solid waste treatment plant. However, the said land is a paddy land, which needs to be filled with a large quantity of earth to make use of the land for a solid waste treatment plant. There was stiff resistance from the people residing within a 100-meter distance to the construction of a solid waste treatment plant at Vanachira.
2025:KER:92842 W.A.No.2585 of 2025 14 In the year 2006, the Grama Panchayath became a Municipality. The population in the Municipal area increased steeply. Among the population, a large sector of people has neither land nor a residential building of their own. This prompted the Municipal Council to include the said 50 cents of land at Vanachira under the Life Mission Project to construct a residential building complex, free of cost. Accordingly, the Municipal Council, vide Annexure R3(a) Decision No:9 dated 10.2.2015, decided to construct a flat in the said property and sought permission of the State Government. The Government, vide Annexure R3(b) order dated 07.07.2015, granted permission to the Municipality to utilise the said 50 cents of land to construct a residential building complex (Flat) as part of redressing the common issue of landless and residence-less people in the Municipal area.
13.1. In the said statement it is stated that the puramboke land covered in Ext.P10 proceedings dated 30.10.2024 of the 2 nd respondent District Collector, in favour of the Local Self Government Department, to install and implement a solid waste treatment plant for the Municipality, in association with the 5 th respondent Suchitwa Mission, because the Municipality has no 2025:KER:92842 W.A.No.2585 of 2025 15 land of its own to install a solid waste treatment plant. In the statement filed in W.P.(C)No.5012 of 2025, the 3rd respondent Municipality has undertaken that it will install a solid waste treatment plant on the property covered by Ext.P10 Government order, only after obtaining the consent of the 6th respondent Kerala State Pollution Control Board, by strictly following the conditions stipulated by the Board. The distance between the residential buildings of the petitioners and the site for the proposed solid waste treatment plant has also been stated in paragraph 4 of the statement filed in W.P.(C)No.5012 of 2025 by the 3 rd respondent Municipality, which ranges from 130 meters to 300 meters.
13.2. In the statement filed in W.P.(C)No.5012 of 2025 by the 3rd respondent Municipality, it is stated that the solid waste management rules are framed in exercise of the powers conferred under the Environmental Protection Act, 1986. Under the provisions of the National Green Tribunal Act, 2010, environmental issues and matters coming under Schedule I of the said Act should be instituted and litigated only before the National Green Tribunal. On the maintainability of the writ petition, it is pointed out that, going by the averment in the writ petition, environmental issues 2025:KER:92842 W.A.No.2585 of 2025 16 are involved, and there is violation of the provisions of the Rules framed under the Environment Protection Act, which is an enactment included in Schedule I of the National Green Tribunal Act. The decision of the Apex Court in Bhopal Gas Peedith Mahila Udyog Sangathan v. Union of India [(2012) 8 SCC 326], is also relied on, wherein it is held that environmental issues and matters covered under Schedule I of the National Green Tribunal Act should be instituted only before the National Green Tribunal.
14. In the counter affidavit dated 01.03.2025 filed in W.P.(C)No.5012 of 2025 by the 2nd respondent District Collector, it is stated that 8.50 Ares of puramboke land in Block No.9 Re.Sy.No.327/1 of Kakkanad Village in Kanayannur Taluk was transferred to Thrikkakkara Municipality, by keeping the ownership of the land with the Department of Revenue and subject to the conditions mentioned in that order, for the purpose of establishing a solid waste treatment plant by the Municipality, after getting consent from the Revenue Department. As evident from Ext.R2(a) letter dated 25.02.2025 of the District Coordinator, Suchitwa Mission, Ernakulam, a final decision on the suitable technology and 2025:KER:92842 W.A.No.2585 of 2025 17 implementing agency for establishing solid waste treatment plant by Thrikkakkara Municipality is not finalised and that, a report on technical aspects can be given only after a final decision is taken. The Environmental Engineer in the District Office of the Kerala State Pollution Control Board, vide Ext.R2(b) letter dated 25.02.2025 informed the Thrikkakkara Municipality that the Board has revised the criteria for setting up solid waste treatment plant and the minimum distance required for the plant having a capacity of 5 TPD to 30 TPD to the nearest residence is 20 meters and the minimum set back required is 3 meters. The Municipality has not submitted any proposal to the Pollution Control Board to obtain prior consent to establish, for setting up solid waste treatment plant in the property covered by Ext.P10 order dated 30.10.2024.
15. Though the learned counsel on both sides have addressed arguments on the distance criteria and other requirements for establishing a solid waste treatment plant as per the prevailing norms prescribed by the State Pollution Control Board, we do not propose to consider the rival contentions on the above aspect in this writ appeal, since the challenge made is against an interim order dated 10.10.2025 in W.P.(C)No.5012 of 2025:KER:92842 W.A.No.2585 of 2025 18 2025 and that writ petition is pending consideration before the learned Single Judge. Therefore, the rival contentions on the above aspect are left open to be raised before the learned Single Judge, at the appropriate stage.
16. The property purchased by the erstwhile Thrikkakkara Grama Panchayat in the year 2000, as per Ext.P2 document dated 26.02.2000 is on the side of 6 meter width Vanachira road. The specific contention raised by the learned Senior Counsel for Thrikkakkara Municipality is that the said property is more suitable for residential habitat and hence, by Annexure R3(b) order dated 07.07.2015, the Government granted permission to construct residential apartments in that property, to alleviate the issue of poorer strata of persons in the Municipality, belonging to general and scheduled caste sections. The issue that was considered by this Court in Ext.P1 judgment dated 17.06.1999 in W.A.No.1170 of 1999 was as to whether the action of the erstwhile Thrikkakkara Grama Panchayat in dumping solid waste, causing nuisance was justifiable or not. The stand taken by the Grama Panchayat, before the Division Bench, was that they are taking steps to establish a modern garbage treatment plant and slaughter house. Though it 2025:KER:92842 W.A.No.2585 of 2025 19 was stated that the land for the said purpose was identified, there was no undertaking or any direction by this Court in Ext.P1 judgment that such a garbage treatment plant and slaughter house has to be established in the said land itself. As pointed out by the learned Senior Counsel, as a matter of fact, the erstwhile Grama Panchayat obtained title over the said land only subsequent to Ext.P1 judgment. Though an attempt was made to establish the garbage treatment plant and slaughter house in that property, there was widespread protest by the local residents and therefore, the erstwhile Grama Panchayat could not proceed with the construction.
17. A reading of Ext.P1 judgment would show that, after considering the submissions made at the Bar, the Division Bench opined that it should give some time to the erstwhile Thrikkakkara Grama Panchayat to complete the construction of a modern garbage treatment plant and slaughter house, utilising the amount set apart for that purpose from the third Peoples' Plan Programme for 1999-2000. For completing the construction of the garbage treatment plant and slaughter house, six months' time was granted to the erstwhile Grama Panchayat, from the date of Ext.P1 2025:KER:92842 W.A.No.2585 of 2025 20 judgment. Till such time, the Grama Panchayat was directed to dump the solid waste and dispose of the same, scientifically, in trenches and the Division Bench ordered that the waste should be covered daily with red earth.
18. The pleadings and materials on record would show that nothing transpired after Ext.P1 judgment dated 17.06.1999 in W.A.No.1170 of 1999 for establishing a garbage treatment plant and slaughter house in Ward No.6 of Vanachira, though the property having an extent of 50 cents was purchased by the erstwhile Thrikkakkara Grama Panchayat vide Ext.P2 sale deed dated 26.02.2000. As evident from the photograph of the said land, produced along with the memo dated 30.10.2025 filed by the learned Standing Counsel for Thrikkakkara Municipality, it is a paddy land, which is not suitable for establishing a solid waste treatment plant.
19. Instead of a garbage treatment plant and slaughter house, Thrikkakkara Municipality proposes to establish a solid waste treatment plant in the property referred to in Ext.P10 proceedings. We also notice that the permission granted by the State Government, vide Annexure R3(b) order dated 07.07.2015, 2025:KER:92842 W.A.No.2585 of 2025 21 to Thrikkakkara Municipality to utilise the said 50 cents of land to construct a residential building complex (flat) as part of redressing the common issue of landless and residence-less people in the Municipal area, is not under challenge in the writ petition. It is made clear that this Court is not expressed anything as to whether the construction of a residential building complex (flat) is legally permissible in the property covered by Ext.P2 sale deed, since it is lying as a paddy land.
20. In K. S. Das v. State of Kerala [1992 (2) KLT 358], the Larger Bench held that the word 'order' in Section 5(i) of the Kerala High Court Act includes, apart from other orders, orders passed by the High Court in miscellaneous petitions filed in the writ petitions provided the orders are to be in force pending the writ petition. An appeal would lie against such orders only if the orders substantially affect or touch upon the substantial rights or liabilities of the parties or are matters of moment and cause substantial prejudice to the parties. The nature of the 'order' appealable belongs to the category of 'intermediate orders' referred to by the Apex Court in Madhu Limaye v. State of Maharashtra [(1977) 4 SCC 551]. The word 'order' is not 2025:KER:92842 W.A.No.2585 of 2025 22 confined to 'final order' which disposes of the writ petition. The 'orders' should not however, be ad-interim orders in force pending the miscellaneous petition or orders merely of a procedural nature.
21. In Thomas P. T. and another v. Bijo Thomas and others [2021 (6) KLT 196], a Division Bench of this Court noticed that the view that was upheld by the Larger Bench in K.S. Das [1992 (2) KLT 358] was that even though an appeal could be filed against an interlocutory order passed in a writ petition, in order to be qualified for challenge in an appeal, the order shall be either substantially affecting or touching upon the substantial rights or liabilities of the parties or which are matters of moment and cause substantial prejudice to the parties. According to the Larger Bench, the nature of the order appealable belongs to the category of intermediate orders referred to by the Apex Court in Madhu Limaye [(1977) 4 SCC 551]. It was, however, clarified by the Larger Bench that such orders should not, however, be ad interim orders or orders merely of a procedural nature.
22. The impugned order dated 10.10.2025 of the learned Single Judge affects the substantial rights of the Municipality and hence it is an order appealable under Section 5(i) of the Kerala 2025:KER:92842 W.A.No.2585 of 2025 23 High Court Act, 1958. In the above circumstances, we find no reason to sustain the finding of the learned Single Judge in the impugned order dated 10.10.2025 in W.P.(C)No.5012 of 2025 that, as long as the undertaking made by the erstwhile Thrikkakkara Grama Panchayat before this Court at the time of disposal of W.A.No.1170 of 1999, vide Ext.P1 judgment dated 17.06.1999 remains, the Municipality cannot take a stand that it will establish a solid waste treatment plant in any property other than the property covered by Ext.P2 sale deed.
23. As already noticed hereinbefore, Thrikkakkara Municipality is yet to submit a proposal before the State Pollution Control Board for obtaining prior consent to establish for establishing a solid waste treatment plant in the property covered by Ext.P10 order dated 30.10.2024 of the District Collector. Since it is a time consuming process, instead of staying the operation of Ext.P10 order dated 30.10.2024 and restraining the Municipality from establishing a solid waste treatment plant in the said property, the learned Single Judge ought to have permitted the Municipality to proceed with the process of obtaining prior consent to establish the solid waste treatment plant in that property, by 2025:KER:92842 W.A.No.2585 of 2025 24 approaching the State Pollution Control Board, subject to the condition that any construction in the property shall be made only after obtaining prior orders in the pending writ petition.
In such circumstances, this writ appeal is disposed of by setting aside the order dated 10.10.2025 of the learned Single Judge in W.P.(C)No.5012 of 2025 and modifying the said order to the extent indicated hereinbefore.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
MURALEE KRISHNA S., JUDGE bkn/-