Rameshan .K vs Varkala Municipality
2024 Latest Caselaw 10361 Ker

Kerala High Court

Rameshan .K vs Varkala Municipality on 11 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                          WP(C) NO. 26073 OF 2017
PETITIONERS:

     1       RAMESHAN .K
             AGED 52 YEARS, S/O.KRISHNAN CHETTIYAR, R.S BHAVAN,
             INDHAKKADU, SREENIVASAPURAM P.O,
             VARKKALA,THIRUVANANTHAPURAM - 695 145.

     2       SUNI R
             R.S BHAVAN, SREENIVASAPURAM P.O,
             VARKKALA,THIRUVANANTHAPURAM - 695 145.

     3       V. JAGANNIVASAN
             JAGATHI BHAVAN, SREENIVASAPURAM P.O,
             VARKKALA,THIRUVANANTHAPURAM - 695 145.

     4       SWARNAVALLI V
             SHINE NIVAS, AZHOOR P.O,
             CHIRAYINKEEZHU,THIRUVANANTHAPURAM - 695 145.

     5       K.LALITHA
             EDAKKADU PUTHENVEEDU, X/85,SREENIVASAPURAM P.O,
             VARKKALA,THIRUVANANTHAPURAM - 695 145.

     6       RAJASEKHARAN
             DARSHANA HOUSE, EDAKKADU, SREENIVASAPURAM P.O,
             VARKKALA,THIRUVANANTHAPURAM - 695 145.

     7       KUMARESAN
             S/O. MURUGAN, EDAKKADU VEEDU,SREENIVASAPURAM P.O,
             VARKKALA,THIRUVANANTHAPURAM - 695 145.

     8       UNNIKRISHNAN
             EDAKKADU VEEDU, X/86,SREENIVASAPURAM P.O,
             VARKKALA,THIRUVANANTHAPURAM - 695 145.

     9       SANTHA
             EDAKKADU PUTHENVEEDU, X/83,SREENIVASAPURAM P.O,
             VARKKALA,THIRUVANANTHAPURAM - 695 145.

    10       BINDU
             SINDHUBHAVAN, X/71, EDAKKADU, SREENIVASAPURAM P.O,
             VARKKALA, THIRUVANANTHAPURAM - 695 145.

    11       SASI
 WP(C) NO. 26073 OF 2017


                            2


          KUNNIL VEEDU, X/225,
          RAMANANDHAGIRI,SREENIVASAPURAM P.O,
          VARKKALA,THIRUVANANTHAPURAM - 695 145.

    12    S. DEVADAS
          GOKULAM, X/60, SREENIVASAPURAM P.O,
          VARKKALA,THIRUVANANTHAPURAM - 695 145.

    13    SUNIL S
          MADATHILVEEDU, X/44,SREENIVASAPURAM P.O,
          VARKKALA,THIRUVANANTHAPURAM - 695 145.

          BY ADVS.
          SRI.G.S.KRISHNAN KARTHA
          SRI.LIJIN THAMBAN
          SRI.M.RETHEESHKUMAR
          SRI.SANJAY THAMPI



RESPONDENTS:
   1    VARKALA MUNICIPALITY
        REPRESENTED BY THE SECRETARY, MUNICIPAL
        OFFICE,VARKKALA,THIRUVANANTHAPURAM - 695 141.

    2     THE SECRETARY
          VARKALA MUNCIPALITY, MUNICIPAL OFFICE,
          VARKKALA,THIRUVANANTHAPURAM - 695 141.

    3     THE CHAIRMAN
          VARKALA MUNCIPALITY, MUNICIPAL OFFICE,
          VARKKALA,THIRUVANANTHAPURAM - 695 141.

    4     KERALA STATE POLLUTION CONTROL BOARD
          REPRESENTED BY ITS CHAIRMAN, PATTOM P.O,
          THIRUVANANTHAPURAM - 695 004.

    5     THE MEMBER SECRETARY
          KERALA STATE POLLUTION CONTROL BOARD,
          PATTOM P.O,THIRUVANANTHAPURAM - 695 004.

    6     CHIEF ENVIRONMENTAL ENGINEER
          KERALA STATE POLLUTION CONTROL BOARD,
 WP(C) NO. 26073 OF 2017


                              3


           PATTOM P.O,THIRUVANANTHAPURAM - 695 004.

    7      THE ENVIRONMENTAL ENGINEER
           KERALA STATE POLLUTION CONTROL BOARD,
           DISTRICT OFFICE PATTOM P.O,
           THIRUVANANTHAPURAM - 695 004.

    8      LOCAL SELF GOVERNMENT INSTITUTIONS
           DEPARTMENT
           REPRESENTED BY ITS SECRETARY, GOVERNMENT
           SECRETARIAT,THIRUVANANTHAPURAM - 695 001.

    9      THE DISTRICT COLLECTOR
           DISTRICT COLLECTORATE,
           THIRUVANANTHAPURAM - 695 043.

    10     SPECIAL TAHASILDAR (LAND ACQUISITION)
           ADDL L.A, UNIT 6TH FLOOR, B-BLOCK CIVIL
           STATION,KUDAPPANAKUNNU,
           THIRUVANANTHAPURAM - 695 043.

    11     CENTRE FOR EARTH SCIENCE STUDIES
           REPRESENTED BY ITS SECRETARY,
           AKKULAM,THIRUVANANTHAPURAM - 695 031.

    12     SUCHITWA MISSION
           LOCAL SELF GOVERNMENT DEPARTMENT,
           REPRESENTED BY ITS EXECUTIVE
           DIRECTOR,TRIVANDRUM - 695 014.

           BY ADVS.
           SHRI.K.SIJU, SC, VARKALA MUNICIPALITY
           SRI. RIYAL DEVASSY, GOVERNMENT PLEADER
           SRI.JAISHANKAR V.NAIR, CGC
           SRI. T. NAVEEN, SC, PCB



        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 26073 OF 2017


                                4


              P.V.KUNHIKRISHNAN, J.
          --------------------------------------------
              W.P.(C) No.26073 of 2017
         ----------------------------------------------
       Dated this the 11th day of April, 2024


                          JUDGMENT

The above writ petition is filed with the following

prayers:

"1. Issue a writ of Mandamus or any other appropriate writ or order directing the respondents No. 1 & 2 not to dump waste in the waste treatment plant situated in Kannwashramam Ward No. X situated in 1st respondent municipality.

2. Issue a writ of Mandamus or any other appropriate writ, direction or order, commanding the respondents to acquire the requisite land stipulated in Ext. P1 in a time bound manner.

3. Declare that the dumping of solid waste by the 1st respondent in Kannwashramam ward no. X is illegal and without any legal sanction from a competent authority, ie, pollution control board. WP(C) NO. 26073 OF 2017

4 Issue a writ of Mandamus or any other appropriate writ, direction or order commanding the 6th respondent to initiate punitive action against the erring officials of the 1st respondent for dumping waste without complying conditions of statutory authorisations issued by the 6th respondent.

5. Issue a writ of Quo Warranto or any other appropriate writ, order or direction restraining the 7 th respondent from renewing authorisation of the 1st respondent to dump waste without compliance of the conditions in Exhibit P1 in Kannwashramam Ward No. X by illegally encroaching the properties of 1st petitioner.

6. Direct the 1st respondent to pay compensation to the petitioners on account of illegal dumping of waste and for encroachment into the properties of the petitioners.

7. Issue such other appropriate writ or order which deemed just and necessary on the facts and circumstances of the case." SIC

2. When this writ petition came up for WP(C) NO. 26073 OF 2017

consideration on today, there is no representation for

the petitioner.

3. Heard the learned counsel appearing for

respondent Nos.1 to 3 and 4 to 7.

4. Probably, the prayers in this writ petition

might have been infructuous. If there is any surviving

grievance to the petitioner, the petitioner is free to

approach the Municipality with appropriate

representation and if, such a representation is

received, the Municipality will do the needful, in

accordance with law.

With the above observation, this writ petition is

disposed of. Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 26073 OF 2017

APPENDIX OF WP(C) 26073/2017

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE AUTHORIZATION GIVEN BY THE 6TH RESPONDENT DATED 01/11/2006.

EXHIBIT P2 TRUE COPY OF THE COMMUNICATION BEARING NO.A2-639/11 ISSUED BY 6TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF INFORMATION PROVIDED BY THE PUBLIC INFORMATION OFFICER OF 1ST RESPONDENT MUNICIPALITY BEARING NO R3-3507/11.

EXHIBIT P4 TRUE COPY OF GOVERNMENT ORDER G.O.NO.1316/2007 ISSUED BY THE LOCAL SELF GOVERNMENT.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 5215/2007 DATED 18/6/2007.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 06/01/2010 IN WP(C) NO.33838/2009.

EXHIBIT P7 TRUE COPY OF THE EXTRA ORDINARY GAZETTE NOTIFICATION DATED 19/01/2011.

EXHIBIT P8 TRUE COPY OF COMMUNICATION ISSUED BY 6TH RESPONDENT TO 2ND RESPONDENT REGARDING NON-COMPLIANCE OF CONDITION IN AUTHORIZATION DATED 05/09/2012.

EXHIBIT P9 TRUE COPY OF THE REPORT SUBMITTED BY THE 6TH RESPONDENT IN HRMP NO.2851/2011 DATED 10/9/2012.

EXHIBIT P10 TRUE COPY OF THE AFFIDAVIT SUBMITTED WP(C) NO. 26073 OF 2017

BY THE 10TH RESPONDENT TAHASILDHAR DATED 03/01/2013.

EXHIBIT P11 TRUE COPY OF THE UNDERTAKING GIVEN BY THE 2ND RESPONDENT IN HRMP NO. 2851/2011 DATED 03/06/2013.

EXHIBIT P12 TRUE COPY OF THE ORDER OF KERALA STATE HUMAN RIGHTS COMMISSION DATED 30/04/2013.

EXHIBIT P12A TRUE COPY OF THE ORDER OF KERALA STATE HUMAN RIGHTS COMMISSION DATED 04/06/2013.

EXHIBIT P12-B TRUE COPY OF THE ORDER OF KERALA STATE HUMAN RIGHTS COMMISSION DATED 25/07/2013.

EXHIBIT P13 TRUE COPY OF REPRESENTATION DATED 20/12/2016 SUBMITTED BY THE 1ST PETITIONER.

EXHIBIT P14 TRUE COPY OF THE APPLICATION FILED UNDER RTI ACT DATED 31/03/2016.

EXHIBIT P15 TRUE COPY OF THE REPLY ISSUED BY THE ENGINEERING DEPARTMENT OF 1ST RESPONDENT MUNICIPALITY TO THE EXT. P14 APPLICATION.

EXHIBIT P16 TRUE COPY OF THE RTI APPLICATION DATED 01/04/2016 SUBMITTED BEFORE THE 6TH RESPONDENT.

EXHIBIT P17 TRUE COPY OF THE REPLY ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P18          TRUE COPY OF THE APPLICATION DATED
                     06/08/2010  FILED   BY   THE   ONE
                     RATHNAKUMAR     UNDER   RIGHT   TO

INFORMATION ACT BEFORE THE 7TH WP(C) NO. 26073 OF 2017

RESPONDENT.

EXHIBIT P19 THE 7TH RESPONDENT HAD REPLIED TO EXT.P18 VIDE REPLY DATED 13/08/2010.

EXHIBIT P20 TRUE COPY OF THE PHOTOGRAPHS EVIDENCING THE BLATANT VIOLATION OF THE POLLUTION CONTROL BOARD'S DIRECTIONS BY THE MUNICIPALITY.

EXHIBIT P21 TRUE COPY OF THE REPORT SUBMITTED BY THE 12TH RESPONDENT.

EXHIBIT P22 THE TRUE COPY OF THE REPORT SUBMITTED BY 11TH RESPONDENT.

EXHIBIT P23 TRUE COPY OF THE AUTHORIZATION ISSUED BY THE POLLUTION CONTROL BOARD DATED 03/03/2014.

EXHIBIT P24 TRUE COPY OF THE COMPLAINT SUBMITTED BY ONE RATHNAKUMAR BEFORE THE 7TH RESPONDENT.

RESPONDENT EXHIBITS

EXHIBIT R1(A): THE TRUE COPY OF THE JUDGMENT DATED 18.06.2018 IN WPC NO.21335/2010.

EXHIBIT R1(B):       THE TRUE COPIES OF THE PHOTOGRAPHS
                     SHOWING   THE     NATURE   OF   THE

SURROUNDING PROPERTIES OF THE WASTE TREATMENT PLANT AT WARD NO.X OF VARKALA MUNICIPALITY.

EXHIBIT R1(C): THE TRUE COPY OF THE COMMUNICATION NO.L.R.C1-42975/08 DATED 16.03.2010 ISSUED BY THE COMMISSIONER OF LAND REVENUE.

EXHIBIT R1(D): THE TRUE COPY OF THE NOTICE NO.K13/31024/07 DATED 31/03.2010 ISSUED TO SRI.RATNAKUMAR. WP(C) NO. 26073 OF 2017

EXHIBIT R1(E): THE TRUE COPY OF THE COMMUNICATION NO.KL-13-31024/2007 DATED 08.04.2010.

EXHIBIT R1(F): THE TRUE COPY OF THE COMMUNICATION NO.PW1/8986/03 VOL.II DATED 03.05.2012 ISSUED BY THE 2ND RESPONDENT TO THE SPECIAL THAHASILDAR, ADDITIONAL L.A.UNIT.

EXHIBIT R1(G): THE TRUE COPY OF THE COMMUNICATION NO.A2-970/2007 DATED 08.05.2012 ISSUED BY THE SPECIAL THAHASILDAR TO THE 2ND RESPONDENT.

EXHIBIT R1(H): THE TRUE COPY OF THE COMMUNICATION NO.PW1/8986/03/VOL.II DATED 26.05.2012.

//TRUE COPY//

PA TO JUDGE