Paulson M.O vs Parappukkara Grama Panchayat
2021 Latest Caselaw 13764 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
                      WP(C) NO. 5902 OF 2021
PETITIONER:

             PAULSON M.O.
             AGED 45 YEARS
             S/O.M.A.OUSEPOH, MOYALAN HOUSE, MULANGU,
             THOTTIPPAL, PARAPPUKARA, THRISSUR DISTRICT.
             BY ADVS.
             P.SAMSUDIN
             SRI.M.ANUROOP

RESPONDENTS:

    1        PARAPPUKKARA GRAMA PANCHAYAT
             REPRESENTED BY ITS SECRETARY, NANDIKKARA P.O.,
             THRISSUR DISTRICT, PIN - 680 301.
    2        THE SECRETARY, PARAPPUKKARA GRAMA PANCHAYATH
             NANDIKKARA P.O., THRISSUR DISTRICT, PIN - 680 301.
             BY ADV SMT.M.R.REENA

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No. 5902 OF 2021       2




                         JUDGMENT

Dated this the 2nd day of July 2021

This writ petition was filed seeking direction to the

respondents to relocate the plastic waste collected and kept at

the MCF Centre which is situated in a densely populated area.

2. The plastic waste kept at the MCF Centre is alleged

to be a haven for rodents and reptiles. According to the

petitioner there are several deserted places where the plastic

waste could be kept and also, if the removal is done on a daily

basis, most of the nuisance could be abated.

3. A counter affidavit has been filed by the respondents

pointing out that the materials that are collected as plastic

waste were neatly kept in plastic bags without causing any foul

smell or nuisance. It was also submitted that, subsequently,

the waste were cleared from the compound of MCF Centre. The

plastic wastes were collected from different houses as part of

the activity of Haritha Karma Sena to be disposed of in

accordance with law. The learned counsel for the respondent

Panchayath further submitted that a contract has already been

entered into with Green Kerala Company for removing the

plastic waste from the MCF Centres to the recycling plant and

the same is being carried out regularly, without fail.

4. The learned counsel for the petitioner affirms that

the plastic accumulated at the MCF Centres have since been

removed and seeks directions not to accumulate such waste in

the future.

5. Having regard to the fact that Panchayath has a

statutory duty to remove wastes, there is no reason to assume

that they will not continue to do so. The very fact that

Panchayath has already entered into an arrangement with a

third party to remove the plastic waste to the recycling plant,

itself shows that there is no scope for issuing a writ of

mandamus.

Thus this writ petition is disposed of recording the

submission of the respondent Panchayath they have already

removed the plastic waste depicted in Ext.P1 and will continue

to remove such wastes in future.

Sd/-

BECHU KURIAN THOMAS JUDGE SMF

APPENDIX OF WP(C) 5902/2021

PETITIONER'S ANNEXURE EXHIBIT P1 PHOTOGRAPH SHOWING THE PLASTIC WASTE ACCUMULATED NEAR THE ANGANVADI BUILDING.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 29/08/2018.

EXHIBIT P3 TRUE COPY OF THE REPLY DATED 08/10/2018 GIVEN BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P4 TRUE COPY OF THE MASS PETITION SUBMITTED BY THE PETITIONER AND THE RESIDENTS IN THE WARD BEFORE THE 2ND RESPONDENT.

//TRUE COPY//

PA TO JUDGE