Kerala High Court
Mathew P. Paul vs Poothrika Grama Panchayat 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. 37735 OF 2016
PETITIONER:
MATHEW P. PAUL
AGED 48 YEARS
S/O C.P.PAULOSE, AGED 48 YEARS, ADVOCATE,
PUTHUPPADIYIL, KOLENCHERY P.O. ERNAKULAM- 682 311
BY ADV SRI.PRASAD CHANDRAN
RESPONDENT/S:
1 POOTHRIKKA GRAMA PANCHAYAT
REP. BY IRS SECRETARY- 682 308.
2 THE SECRETARY
POOTHRIKKA GRAMA PANCHAYAT- 682 308.
3 THE CHIEF ENGINEER
NATIONAL HIGHWAY, THIRUVANANTHAPURAM- 695 001.
4 THE ASSISTANT ENGINEER
THE KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE-II, PERUMBAVOOR- 683 542.
5 THE DISTRICT MEDICAL OFFICER
ERNAKULAM- 682 030.
OTHER PRESENT:
SRI. TEK CHAND SR GP FOR R5,
SRI.S.SUBRAHAMANIAN,
SRI.T.NAVEEN, SC FOR R4
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.37735 of 2016
2
JUDGMENT
Dated this the 23rd day of June, 2021
S.Manikumar, C.J.
Instant public interest litigation has been filed in the year 2016 for
the following reliefs:
"i. Issue a writ of mandamus or other appropriate Writs, Directions
or Orders directing the respondents 1 and 2 to take immediate
action on Exhibit P-1 complaint submitted by the petitioner
and to ensure that no drainage waste is allowed to be
discharged in the public canal referred to in Exhibit P-1
complaint.
ii. Issue a writ of mandamus or other appropriate Writs,
Directions or Orders directing the 3rd respondent not to put any
waste from the drainage maintained by the National Highway
authorities, on the side of the National Highway at Kolencherry
to the public canal referred to in Exhibit P-1 complaint.
iii. Issue a writ of mandamus or other appropriate Writs,
Directions or Orders directing the 4th respondent to
immediately conduct an inspection and to ascertain the extent
of pollution caused to the public canal due to the discharge of
waste from the drainage and take action against the 3 rd
respondent for allowing the deposit of waste in the public
canal."
2. On this day, when the matter came up for hearing, Mr.Prasad
Chandran, learned counsel for the petitioner submitted that the issue still
survives and therefore, further adjudication is required in this matter.
3. Heard learned counsel for the petitioner and perused the
material available on record.
W.P.(C)No.37735 of 2016
4. Writ petition has been filed on the basis of Exhibit P1
representation dated 15.5.2013 addressed to the Secretary, Poothrikka
Grama Panchayat. Perusal of the same shows that copy of the said
representation has been addressed to the Hon'ble Chief Minister of
Kerala. Office of the Hon'ble Chief Minister of Kerala has forwarded the
said representation to the Chief Engineer, National Highway,
Thiruvananthapuram. It is well known that under the Office Procedure,
representations are not kept for long period.
5. However, learned counsel for the petitioner submitted that the
issue still survives as drainage waste is dumped. If that be so, the
petitioner is at liberty to submit a fresh representation along with
material documents to substantiate his claim to the Secretary, Poothrika
Grama Panchayat and the Chief Engineer, National Highway,
Thiruvananthapuram (respondents 2 and 3 respectively).
With the above directions, writ petition is disposed of.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
S.Manikumar
Chief Justice
Sd/-
Shaji P.Chaly
Judge
vpv
W.P.(C)No.37735 of 2016
APPENDIX OF WP(C) 37735/2016
PETITIONER ANNEXURE
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE HE
SECOND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION RECEIVED
FROM THE OFFICE OF THE CHIEF MINISTER
DATED 10-02-2014.
/TRUE COPY/
P.A. TO JUDGE
