Kerala High Court
Joseph Mathew vs The State Of Kerala on 23 June, 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
WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
WP(C) NO. 28095 OF 2016
PETITIONERS:
1 JOSEPH MATHEW
AGED 65 YEARS
S/O.VARKETY, AGED 65 YEARS, RESIDING AT 47/1880, PALAM
ROAD,VADUTHALA PO, 682023,ERNAKULAM DISTRICT
2 NOEL THOMAS
AGED 53 YEARS
S/O.K.V.THOMAS, AGED 53 YEARS,RESIDING AT KOLARIKKAL
HOUSE,HOUSE NO. 47/1891 A, VADUTHALA PO
682023,ERNAKULAM DISTRICT
3 SEENA DARWIN
AGED 50 YEARS
AGED 50 YEARS, D/O.CICILY THOMAS,RESIDING AT "QUEEN",
47/1891 A,VADUTHALA PO, 682023, ERNAKULAM DISTRICT
BY ADVS.
SRI.V.S.BABU GIREESAN
SMT.K.PREETHA JOHN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE PRINCIPLE,SECRETARY TO GOVERNMENT,
LOCAL BODIES,SECRETARIAT, THIRUVANANTHAPURAM 695 001
2 SECRETARY TO GOVERNMENT
POLLUTION CONTROL BOARD,SECRETARIAT,
THIRUVANANTHAPURAM 695 001
3 THE COCHIN CORPORATION
REPRESENTED BY THE SECRETARY,OFFICE OF THE COCHIN
CORPORATION,ERNAKULAM 682 018
4 THE HEALTH OFFICER
CITY CORPORATION OF COCHIN,ERNAKULAM 682 018
5 THE HEALTH INSPECTOR
HEALTH OFFICE OF VADUTHALA,ERNAKULAM 682 021
W.P.(C)No.28095 of 2016
2
6 THE SECRETARY
GCDA KADAVANTHRA, ERNAKULAM 682 018
7 THE DISTRICT COLLECTOR
ERNAKULAM DISTRICT, KAKKANAD, ERNAKULAM 682 036
BY ADVS.
SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL
BOARD,
SRI.R.HARISHANKAR
SRI.RAAJESH S.SUBRAHMANIAN,SC,COCHIN CO
SRI. TEK CHAND, SR GP FOR R1
SRI.SAJEEVAN D.M.,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.28095 of 2016
3
JUDGMENT
Dated this the 23rd day of June, 2021
S.Manikumar, C.J.
Instant public interest litigation has been filed for the following
reliefs:
i) Issue a writ of mandamus or other appropriate writ or direction to
implement law to remedy the pollution in the vicinity of the petitioners
by the respondents.
ii) Issue a writ of mandamus to call for the details of the action taken in
Ext.P9 (a) & (b).
2. Heard Mr.V.S.Babu Gireesan, learned counsel for the petitioners
as well as the learned counsel for the respondents.
Omnibus prayers of the above nature cannot be granted.
Therefore, the writ petition is dismissed.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
S.Manikumar
Chief Justice
Sd/-
Shaji P.Chaly
Judge
vpv
W.P.(C)No.28095 of 2016
APPENDIX OF WP(C) 28095/2016
PETITIONER ANNEXURE
EXHIBIT P1A TRUE COPY OF THE SATELLITE VISION OF
THE SETTLEMENT OF VADUTHALA AREA
EXHIBIT P1 B TRUE COPY OF THE SATELLITE VISION OF
THE SETTLEMENT OF VADUTHALA AREA
EXHIBIT P2 A TRUE COPY OF THE BUILDING TAX RECEIPT
OF THE 1ST PETITIONER
EXHIBIT P2 B TRUE COPY OF THE BUILDING TAX RECEIPT
OF THE 2ND PETITIONER
EXHIBIT P2 C TRUE COPY OF THE BUILDING TAX RECEIPT
OF THE 3RD PETITIONER
EXHIBIT P3 A TRUE COPY OF THE CITY SANITATION PLAN
EXHIBIT P3 B TRUE COPY OF THE REPORT OF THE
MUNICIPAL SOLID WASTE MANAGEMENT
PUBLISHED BY THE CENTRE FOR PUBLIC
POLICY RESEARCH.
EXHIBIT P4 TRUE COPY OF THE PHOTO SHOWING
ACCUMULATION OF WASTE
EXHIBIT P5 TRUE COPY OF THE PHOTO SHOWING THE
DECAYING OF WASTE
EXHIBIT P6 TRUE COPY OF THE PHOTO SHOWING THE
RESIDENCE OF THE 2ND PETITIONER
EXHIBIT P7 TRUE COPY OF THE DISCHARGE SUMMARY OF
THE SON OF THE 1ST PETITIONER
EXHIBIT P8 TRUE COPY OF THE PHOTOS SHOWING THE LIE
OF THE DRAINAGE AND THE DEPOSIT OF
WASTE AND THE IMMEDIATE VICINITY OF THE
THIRD PETITIONER
EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION DATED
18.05.2015 (TRUE COPY OF THE
TRANSLATION)
EXHIBIT P9 B TRUE COPY OF THE REPRESENTATION DATED
21.05.2015 (TRUE COPY OF THE
TRANSLATION)
/TRUECOPY/
P.A. TO JUDGE
