Kerala High Court
C.L.Anto vs Corporation Of ... on 14 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942
WP(C).No.1569 OF 2012(S)
PETITIONER:
C.L.ANTO,
CHIEF PROMOTOR,
NATIONAL ENERGY AND WASTE MANAGEMENT MULTI
PURPOSE SOCIETY(KERALA)LTD. (PROPOSED),(NEWSCO),
INDU VILLA, I.Q.ROAD, CHALAKKUDY-680 307.
BY ADV. SRI.C.L.ANTO (PARTY-IN-PERSON)
RESPONDENTS:
1 CORPORATION OF THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY,
CORPORATION BUILDING, VIKAS BHAVAN.P.O.,
PALAYAM, M.G.ROAD, THIRUVANANTHAPURAM-695 001.
2 STATE OF KERALA
REPRESENTED BY SECRETARY,
LOCAL ADMINISTRATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3 THE DIRECTOR GENERAL OF POLICE
POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-14.
4 SMT.SHOBHANA KUMARI.S
PRESIDENT, VILAPPILSALA GRAMA PANCHAYATH,
THIRUVANANTHAPURAM-695 573.
5 DR.K.M.CHANDRASHEKHAR
VICE CHAIRMAN, STATE PLANNING BOARD,
PATTOM, THIRUVANANTHAPURAM - 695 001.
6 MINISTER FOR PLANNING AND RURAL DEVELOPMENT
GOVT.OF KERALA, SECRETARIATE,
THIRUVANANTHAPURAM-695 001.
W.P.(C)No.1569 of 2012
2
7 REGISTRAR OF CO-OPERATIVE SOCIETIES
GOVERNMENT OF KERALA, BEHIND SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
8 THE POLLUTION CONTROL BOARD,,
REPRESENTED BY ITS SECRETARY,
OFFICE OF THE POLLUTION CONTROL BOARD,
THIRUVANANTHAPURAM -695 001.
R1 BY ADV. SRI.N.NANDAKUMARA MENON (SR.)
R1 BY ADV. SRI.V.N.GOPALAKRISHNAN NAIR
R1 BY ADV. SRI.P.K.MANOJKUMAR,SC,TVPM
CORPORATION
R2-3, R6-7 BY SR.GP SRI.V.TEKCHAND
R4 BY ADV. SRI.G.ARUN
R4 BY ADV. SRI.G.VARUN
R8 BY ADV. SRI.T.NAVEEN, SC, KERALA STATE
POLLUTION CONTROL BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.01.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.1569 of 2012
3
JUDGMENT
Dated this the 14th day of January, 2021
S.Manikumar, C.J.
In the instant writ petition, Mr.C.L. Anto, party in person, has
sought for the following prayers:
"1. Issue a Writ of Mandamus or any appropriate writ order or
direction commanding the respondent No.2 to immediately
publish the results of technical evaluation of the Technical
committee conducted in ( a) foreign technologies (b) local
technologies and ask to deposit the original procedural
documents of evaluation to this Court to prevent any
corruptions on it.
2. Issue a Writ of Mandamus or any appropriate writ order or
direction commanding the respondents nos.2, 5, 6, or any
other agency of the Government not to use the ideas put
forth in the study report given to the respondent no.2, 5, 6,
and Chief Minister, without properly acknowledging the same
and its author the petitioner in appropriate forum who was
the victim of conspiracy.
3. Issue a Writ of Mandamus or any appropriate writ order or
direction commanding the respondent No. 6 and Honourable
Chief Minister of Kerala to identify and take actions against
the persons who are sabotaging the good masks of the
petitioner in waste management, Energy conservation and
production as inmisaged by way of Exhibit No.P3.
4. Issue a Writ of Mandamus or any appropriate writ order or
direction commanding the respondent No.7 to expedite the
application given by the petitioner in his department, which
is aimed to give rectification steps and impetus in the waste
W.P.(C)No.1569 of 2012
management, Energy Conservation and generation by way of
Exhibit P3.
5. Issue a Writ of Mandamus or any appropriate writ order or
direction commanding the respondents No.1 to kindly accept
the letter of acceptance given by the petitioner to them to
take over the plant at Vilappilsala so that the petitioner can
restructure the same without any emission and atmospheric
pollutants and water contamination.
6. Issue a Writ of Mandamus or any appropriate writ order or
direction commanding the respondents 2, 5, 6, 7 and
Honourable Chief Minister to help and assist the petitioner to
further his studies on waste management, Energy
Conversation and generation Methodologies described in
Exhibit P-3."
2. Record of proceedings shows that on 29.10.2013, when the
writ petition came up for hearing, a Hon'ble Division Bench ordered thus:
"Having regard to the contention raised in the writ
petition touching environmental issues, on account of
functioning of MSW plant at Vilappilsala in Trivandrum district,
which is one of the subjects listed in Schedule-I of the National
Green Tribunal Act, 2010 and in the light of the decision
reported in Bhopal Gas Peedith Mahila Udyog Sangathan
& Ors. vs. Union of India & Ors. (2012 (8) SCC 326), the
Registry is directed to transmit the records of this case to the
National Green Tribunal at Chennai."
3. Though the matter was listed on 31.1.2014, 14.3.2014,
4.6.2014, 4.7.2014 and lastly on 13.1.2021, there was no representation
W.P.(C)No.1569 of 2012
for the petitioner. Therefore, the Registry was directed to post the writ
petition for disposal.
Today also there is no representation for the petitioner. From the
record of proceedings it is evident that the petitioner was absent on
many occasions. Taking note of the above, instant writ petition is
dismissed for default.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
S.Manikumar
Chief Justice
Sd/-
Shaji P.Chaly
Judge
vpv
/true copy/
P.A. to Judge
