Kerala High Court
Baby P.R vs Anu R.S on 3 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Friday, the 3rd day of September 2021 / 12th Bhadra, 1943
CONTEMPT CASE(C) NO. 2225 OF 2019(S) IN WP(C) 17712/2018
PETITIONER/3RD PARTY AS PERMITTED IN THE JUDGMENT
BABY P.R.,AGED 57 YEARS, D/O.RAMAN, VYLOPPILLY LANE,
AZAD ROAD,KALOOR, COCHIN-17.
BY ADV. SRI.SREEKUMAR G.CHELUR.
RESPONDENTS/RESPONDENTS 2,3 AND 4
1. ANU R.S., SECRETARY, COCHIN CORPORATION,
OFFICE OF THE COCHIN CORPORATION, BOAT JETTY, COCHIN-682 011.
2. M.G. ARISTOTLE ,WARD COUNCILOR, WARD NO.65,
CORPORATION OF COCHIN, RESIDING IN THE ADDRESS
MARAKKAN VEETIL HOUSE, KALOOR- KATHRIKADAVU,
OLD ROAD, COCHIN-682 017.
3. GRACY JOSEPH,WARD COUNCILOR, WARD NO.64,
CORPORATION OF COCHIN, RESIDING IN THE ADDRESS
VALLATHU HOUSE, JOURNALIST COLONY, KALOOR, COCHIN-682 017.
ADDL. R4 IMPLEADED
4. NISAM, AGED 43, S/O.SAINUDEEN, SECRETARY, COCHIN CORPORATION,
OFFICE OF THE COCHIN CORPORATION, BOAT JETTY, COCHIN-682 011.
IS IMPLEADED AS ADDL. R4 AS PER ORDER DATED 17/06/2021 IN IA.1/2021.
SRI.K. ANAND, STANDING COUNSEL FOR R1 & R4.
This Contempt of court case (civil) having come up for orders on
03.09.2021, the court on the same day passed the following:
P.T.O.
SHAJI P. CHALY, J.
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C.O.(C) No. 2225 of 2019
in
W.P.(C) No. 17712 of 2018
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Dated this the 3rd day of September, 2021.
ORDER
On 6th August, 2021, having been dissatisfied with the affidavit
filed by the Secretary of the Kochi Corporation, a detailed order was
passed and an opportunity was given to the Secretary to file a suitable
affidavit setting out the entire details with regard to the steps taken so
as to alleviate the grievance of the petitioner.
2. Today, when the matter was taken up, an affidavit is placed
before this Court as follows:
"3. It is submitted that the waste are dumped unauthorisedly in
Vyloppilli lane road, 64 th division of Cochin Corporation, during the
midnights by persons who are residing away from the said area. It is
noticed that there are no residential houses or other shops in the area
where waste is being dumped.
4. Waste is being collected from around 75 houses situated
nearby said area by "kudumbasree". But since waste is being dumped
by persons who are not residing in the said area during night time, the
Corporation has now introduced night squads for curtailing such
dumping of waste.
5. Steps has also been initiated to install observation cameras in
the said area. As on date the whole waste dumped in the said area
removed and it is hereby brought to the kind attention of this
Honourable Court that till such camera is installed and dumping of
waste is consequently fully stopped, the Corporation of Kochi has taken
and will continue to take all requisite steps to remove waste on a daily
basis without fail.
6. It is humbly submitted that all necessary steps is now being
taken to remove waste and hence the directions contained in the
judgment of this Honourable Court, with due respect, is duly complied."
3. In fact, the Secretary has not stated anything with respect to
the steps taken to stop the illegal dumping of waste in the area in
question. It is also clear from the affidavit that no steps were taken to
instal cameras as was directed by this Court in the judgment, on the
other hand, in paragraph 5, it is stated that steps are being taken to
instal observation cameras in the said area. In fact, removal of waste
and keeping the city clean is a mandatory function of the Corporation in
accordance with Schedule 1 of the Kerala Municipality Act, 1994, and the
Corporation ought to have taken adequate steps to prevent dumping of
waste rather than undertaking the exercise of removal of waste
unauthorisedly dumped by the people.
4. The affidavit states that even though measures are taken to
clean up the area on a day-to-day basis, waste is being dumped in the
area by the residents of the locality. In fact, the duty of the
Corporation is to prevent the illegality committed by throwing and
dumping of waste in the area in question. It is clear from the affidavit
that no adequate steps are taken by the Corporation to prevent the
dumping of waste in the area in question. It is also clear that in spite
of sufficient opportunity provided to the Secretary of the Corporation
to take steps, the Secretary has not done anything so as to comply
with the directions contained in the judgment. Therefore, I am of the
considered opinion that the Secretary of the Corporation has to be
present before this Court personally on 24.09.2021.
Post the matter on 24.09.2021.
sd/-
SHAJI P. CHALY,
JUDGE.
Rv
03-09-2021 /True Copy/ Assistant Registrar
