A.K.Sreekumar vs Kottayam Municipality
2022 Latest Caselaw 2368 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
                       WP(C) NO. 6816 OF 2022
PETITIONER:

          A.K.SREEKUMAR,
          AGED 44 YEARS
          S/O. KARUNAKARAN NAIR, CHIEF EDITOR OF THIRD EYE NEWS,
          KANDATHIL TOURIST HOME COMPLEX, SASTHRI ROAD,
          KOTTAYAM-686001, RESIDING AT EDAPALLIKULATHU,
          UMBIDI P.O., THOTTAKADU, KOTTAYAM-686539.

          BY ADVS.
          K.RAJESH KANNAN
          M.RAMASWAMY PILLAI


RESPONDENT:

          KOTTAYAM MUNICIPALITY,
          REPRESENTED BY ITS SECRETARY, JOYEES ARCADE,
          YMCA ROAD, KOTTAYAM-686001.

          SRI.SIBY CHENAPPADY, SC, KOTTAYAM MUNICIPALITY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6816 OF 2022

                                       2




                                JUDGMENT

Dated this the 2nd day of March, 2022

This writ petition is filed seeking the following prayers:

"(i) That a writ of mandamus or other writ, order or direction be passed directing the 1st respondent to take up Exhibit P7 representation and dispose it within a time frame to be fixed by this Hon'ble Court"

2. Heard the learned counsel for the petitioner and the learned

standing counsel appearing for the respondent.

3. It is submitted by the learned counsel for the petitioner that the

respondent is collecting waste from various places within the

Municipality and dumping it in public places and also in private

properties. It is submitted that the foul smell and the filth accumulated

in these unauthorized dumping places is creating undue difficulties and

health hazards to the residents of the locality. The petitioner has

submitted Ext.P7 representation before the respondent and seeks a

consideration of the same.

4. Having heard the learned standing counsel also, I am of the

opinion that the representation preferred by the petitioner is liable to be WP(C) NO. 6816 OF 2022

considered in accordance with law. There will, accordingly, be a

direction to the respondent to take up Ext.P7 representation and to

consider and pass orders on the same, after hearing the petitioner also,

within a period of three weeks from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 6816 OF 2022

APPENDIX OF WP(C) 6816/2022

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PHOTOGRAPH SHOWING THE GARBAGE/WASTE COLLECTED AND DUMPED BY THE 1ST RESPONDENT JUST NEAR THE NAGAMPADAM INDOOR STADIUM WHICH IS HARDLY 250 METRES NEAR TO THE PETITIONER'S OFFICE.

EXHIBIT P2 TRUE COPY OF THE PHOTOGRAPH SHOWING THE WASTE DUMPED IN KODIMATHA AREA.

EXHIBIT P3 TRUE COPY OF THE PHOTOGRAPH SHOWING THE GARBAGE/WASTE COLLECTED AND DUMPED BY THE 1ST RESPONDENT ON THE PURAMBOKE LAND IN CHANTHAKADAVU WHICH TOO IS NEARBY THE MARKET AREA.

EXHIBIT P4 TRUE COPY OF THE PHOTOGRAPH SHOWING THE GARBAGE COLLECTED AND DUMPED BY THE 1ST RESPONDENT NEAR THE PARAGON CORPORATE OFFICE.

EXHIBIT P5 TRUE COPY OF THE PHOTOGRAPH SHOWING THE FIRE THAT BROKE OUT ON THE COLLECTED WASTE.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN "JAYARAM S.J. VS. CORPORATION OF THIRUVANANTHAPURAM & OTHERS" REPORTED IN 2020(5)KHC 159

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 15.2.2022 SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P8 TRUE COPY OF THE POSTAL RECEIPT DATED 15.2.2022.

RESPONDENT'S EXHIBITS: NIL