Kerala High Court
Meenakshikutty. P vs Pattambi Municipality on 28 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 27358 OF 2021
PETITIONERS:
1 MEENAKSHIKUTTY. P,
AGED 80 YEARS
W/O. SIVANADAN, PERMANENTLY RESIDING AT THUSHARA HOUSE,
KODALUR, MELE PATTAMBI (PO) PATTAMBI, PALAKKAD
DISTRICT, KERALA, INDIA , PIN 679 306.
2 BINDU M. SIVANADAN,
AGED 52 YEARS
W/O. V.N NARENDRANATH (LATE),PERMANENTLY RESIDING AT
THUSHARA HOUSE, KODALUR, MELE PATTAMBI (PO) PATTAMBI,
PALAKKAD DISTRICT, KERALA, INDIA PIN 679 306.
BY ADV P.T.DINESH
RESPONDENTS:
1 PATTAMBI MUNICIPALITY,
PATTAMBI, PALAKKAD DISTRICT, PIN 679 303,
REPRESENTED BY ITS SECRETARY
2 THE SECRETARY,
PATTAMBI MUNICIPALITY, PATTAMBI,
PALAKKAD DISTRICT PIN - 679303.
3 THE HEALTH INSPECTOR,
PATTAMBI MUNICIPALITY, PATTAMBI,
PALAKKAD DISTRICT ,PIN - 679 303.
4 KERALA STATE POLLUTION CONTROL BOARD,
PATTOM P.O, THIRUVANANTHAPURAM PIN - 695 004,
REPRESENTED BY ITS MEMBER SECRETARY.
5 THE ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD, NEAR DISTRICT
PANCHAYAT OFFICE, KUNATHURMEDU, PALAKKAD,PIN 678 001.
6 THE SUB COLLECTOR,
OFFICE OF THE SUB COLLECTOR, RS ROAD,
OTTAPPALAM, PIN-679101.
7 ABOOBACKER SIDHIK,
S/O. HAMZA, ADUKURUSHI VALIYAPARAMBIL HOUSE, KODALUR,
MELE PATTAMBI (PO), PALAKKAD DISTRICT, KERALA, INDIA,
PIN -679306.
8 *[HAMZA,
ADUKURUSHI VALIYAPARAMBIL HOUSE, KODALUR, MELE PATTAMBI
P.O, PALAKKAD DISTRICT, KERALA, INDIA PIN-679 306.]
*[AS PER ORDER DATED 05.04.2024 IN I.A-1/2024 IN WP(C)
WP(C) NO. 27358 OF 2021
2
27358/2021, R8 IS DELETED FROM THE PARTY ARRAY AT THE
RISK OF THE PETITIONER].
9 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM,PIN-695001.
BY ADVS.
A.HAROON RASHEED
NAVEEN T
K.MOHANAKANNAN
P.T.SHAHUL HAMEED
OTHER PRESENT:
SRI.A.HAROON RASHEED, SC, SRI.T.NAVEEN,SC ,SMT.DEVI
SHRI R,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, ALONG WITH WP(C).19563/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 27358 OF 2021
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 19563 OF 2022
PETITIONER:
HAMSA,
AGED 66 YEARS
S/O.KUNHIMOIDU, ADUKURUSHI, VALAYAPARAMBIL HOUSE,
KODALLOOR, MELEPATTAMBI PO, PALAKKAD-679 306.
BY ADVS.
K.MOHANAKANNAN
H.PRAVEEN (KOTTARAKARA)
RESPONDENTS:
1 PATTAMBI MUNICIPALITY,
PATTAMBI, PALAKKAD 679303.
2 THE SECRETARY,
PATTAMBI MUNICIPALITY, PATTAMBI, PALAKKAD 679303.
3 HEALTH INSPECTOR,
PATTAMBI MUNICIPALITY, PATTAMBI, PALAKKAD 679303.
4 ENVIRONMENTAL ENGINEER,
DISTRICT OFFICE, KERALA STATE POLLUTION CONTROL BOARD,
KUNNATHURMEDU, PALAKKAD -678 013.
5 MEENAKSHIKUTTY P,
W/O.SIVANANDAN, THUSHARA, MELEPATTAMBI PO,
PTTAMBI, PALAKKAD DISTRICT - 679306.
BY ADVS.
SHRI.A.HAROON RASHEED, SC, PATTAMBI MUNICIPALITY
M.A.SHAJI
P.T.DINESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, ALONG WITH WP(C).27358/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 27358 OF 2021
4
MOHAMMED NIAS C.P., J.
=========================
W.P.(C.) Nos. 27358/2021, 19563/2022
=========================
Dated this the 28th day of May, 2024
JUDGMENT
W.P.C. No. 27358 of 2021 is filed against the inaction of the
official respondents in not taking appropriate action against
respondents 7 and 8 to control the water pollution caused by the
tank used by them for storing 'filth' and 'sewage' and the tank used
for storing the 'sullage' and 'waste water' which is affecting the well
used by the petitioners for drinking and domestic purposes.
2. W.P.C. No. 19563 of 2022 is filed by the 8 th respondent,
challenging the order passed by the Municipality, Ext.P5 directing
him to put up a septic tank in accordance with the required
specification.
3. This Court passed an interim order on 05.04.2024 as
follows;
" In view of the contentions raised in this writ petition and also the
averments made in the affidavit in I.A. No.2 of 2024, there will be a
direction to respondents 2, 3, and 5 to conduct a joint inspection and
WP(C) NO. 27358 OF 2021
submit a report specifically stating whether there is any pollution/nuisance
caused by the positioning of the septic tank and another tank used for
storing wastewater in the property owned by the 7th respondent. The
inspection shall be conducted with notice to the petitioner and also to the
7th respondent. In case, the 7 th respondent is not available, notice may be
affixed on his building. A report shall be filed after a joint inspection as
directed above on or before 21.05.2024."
4. Pursuant to the above directions, the Pollution Control
Board filed a report, which reads as follows;
" In compliance with the order dated 05-04-2024 of this Hon'ble
Court, a joint inspection was conducted at the behest of the 2 nd
respondent on 03-05-2024. The 1st petitioner, 2nd and 3rd respondents were
present in the location at the time of inspection. During the time of
inspection, the seventh respondent was not at the place. Black coloured
stagnant waste water was found in the property boundary of the
petitioner, located near to the building mentioned in the petition.
It was also observed that a soak pit is under construction in the
land premises of the building mentioned in the petition.
Photograph showing the building site, petitioner's land etc. are
produced here with and marked as Annexure R-5(a). Thereafter
the residence of the petitioner was inspected and water samples
were collected from the open well of the petitioners and from the
nearby resident. True copy of the water sample analysis result
dated 18-5-2024 of the open well samples collected is produced
herewith and marked as Annexure R-5(b). All the parameters
WP(C) NO. 27358 OF 2021
except total coliform were falls within the limit prescribed and
there were not much variation in results observed in the water
samples collected.
If the construction on the soak pit near the building is
finished and all of the building's waste water is redirected there,
the complaint will be addressed. Furthermore, in order to lessen
the likelihood of future complaints, the soak pit that is currently
under construction is built in accordance with IS 2470 Part 1 :
1985."
5. The Municipality has also filed a report stating that
though the distance is maintained by respondents 7 and 8, there is
a leakage of water from the septic tank, and they have also
suggested the construction of a new septic tank.
6. Taking note of the reports filed by the Pollution Control
Board as well as the Municipality and the common observation that,
if the soak pit under construction is completed and the entire waste
water is redirected there, the complaint of the petitioner in W.P.(C)
No. 27358 of 2021 would be addressed, and the 7th respondent and
the petitioner in W.P.(C) No. 19563 of 2022 are directed to ensure
that the soak pit that is currently under construction is completed at
the earliest, and at any rate within a period of three months from
WP(C) NO. 27358 OF 2021
today. The same shall be built in accordance with specification
notice by the Pollution Control Board as IS 2470 part 1: 1985. After
three months, the pollution Control Board as well as the
Municipality will conduct separate surprise inspections and again
take an analysis of the water to check that all the parameters are
within limits. The inspection shall be completed within a month from
the completion of the new septic tank and a fresh report shall be
obtained after testing the drinking water in the petitioner's well and
a copy of the report after the analysis shall be sent to the petitioner
in W.P.(C) No. 27358 of 2021.
7. Needless to say respondents 7 and 8 shall not operate the
septic tank that is currently being used after the completion of the
new one, and sufficient steps should be taken to ensure that there
is no leakage from the new septic tank.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
LU
WP(C) NO. 27358 OF 2021
APPENDIX OF WP(C) 19563/2022
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE COMMUNICATION ISSUED BY THE
SUB COLLECTOR, OTTAPALAM TO THE 1ST
RESPONDENT DATED 24-12-2020
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 28-1-
2021 SENT BY THE 1ST RESPONDENT TO THE SUB
COLLECTOR, OTTAPALAM
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION SENT BY THE
POLLUTION CONTROL BOARD DATED 6-7-2021
EXHIBIT P4 TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT
DATED 10-3-2021
EXHIBIT P5 TRUE COPY OF THE DEMOLITION NOTICE NO.H1-
7500/20 DATED 24-5-2022 OF THE 1ST RESPONDENT
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION GIVEN BY THE
PETITIONER BEFORE THE 1ST RESPONDENT WITH
RECEIPT DATED 10-6-2022
RESPONDENT EXHIBITS :
EXHIBIT-R5(1) TRUE COPY OF THE REPORT ON ANALYSIS OF WATER,
AR NO. AR/ML/2695/2020 DATED 10.9.2020 BY THE
MODERN WATER QUALITY LABORATORY, MELE
PATTAMBI
EXHIBIT-R5(2) TRUE COPY OF THE ORDER DATED 24.12.2020 BY
THE OFFICE OF THE SUB COLLECTOR TO THE
SECRETARY, PATTAMBI MUNICIPALITY
EXHIBIT-R5(3) TRUE COPY OF THE INFORMATION SOUGHT ON
12.02.2021 UNDER RIGHT TO INFORMATION ACT
FROM THE STATE PUBLIC INFORMATION OFFICER,
PATTAMBI MUNICIPALITY
EXHIBIT-R5(4) TRUE COPY OF THE LETTER NO.111-1396/21 DATED
10.03.2021 BY THE PUBLIC INFORMATION OFFICER
AND HEALTH INSPECTOR, PATTAMBI MUNICIPALITY
EXHIBIT-R5(5) TRUE COPY OF THE RELEVANT PART OF THE FILE
DETAILS ISSUED BY THE STATE PUBLIC
INFORMATION OFFICER AND SUPERINTENDENT OF
PATTAMBI MUNICIPALITY
EXHIBIT-R5(6) TRUE COPY OF THE REPRESENTATION DATED
28.12.2023 SUBMITTED BEFORE THE SECRETARY,
PATTAMBI MUNICIPALITY
WP(C) NO. 27358 OF 2021
APPENDIX OF WP(C) 27358/2021
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT
NO.H1/45548/19 DATED 10-05-2019 BY THE
PATTAMBI MUNICIPALITY
EXHIBIT P2 TRUE COPY OF THE REPORT ON ANALYSIS OF WATER,
AT NO. AR/ML/2695/2020 DATED 10-09-2020 BY
THE MODERN WATER QUALITY LABORATORY, MELE
PATTAMBI
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 22-09-
2020 SUBMITTED BY THE FIRST PETITIONER TO THE
2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT NO
H1/7500 DATED 22-09-2020 BY THE PATTAMBI
MUNICIPALITY
EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED
02-12-2020 BY THE OFFICE OF THE SUB
COLLECTOR, OTTAPPALAM
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 24-12-2020 BY
THE OFFICE OF THE SUB COLLECTOR TO THE
SECRETARY, PATTAMBI MUNICIPALITY
EXHIBIT P7 TRUE COPY OF THE INFORMATION SOUGHT BY THE
FIRST PETITIONER ON 12-02-2021 UNDER RIGHT TO
INFORMATION ACT FROM THE STATE PUBLIC
INFORMATION OFFICER, PATTAMBI MUNICIPALITY
EXHIBIT P8 TRUE COPY OF THE LETTER NO. III-1396/21 DATED
10-03-2021 BY THE PUBLIC INFORMATION OFFICER
AND HEALTH INSPECTOR, PATTAMBI MUNICIPALITY
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 26-3-
2001 SUBMITTED BY FIRST PETITIONER TO THE 5TH
RESPONDENT ENVIRONMENTAL ENGINEER
EXHIBIT P10 TRUE COPY OF THE RELEVANT PART OF THE FILE
DETAILS ISSUED BY THE STATE PUBLIC
INFORMATION OFFICER AND SUPERINTENDENT OF
PATTAMI MUNICIPALITY
EXHIBIT P11 TRUE COPY OF THE LETTER NO. 111/20 DATED 28-
01-2021 BY THE 2ND RESPONDENT SECRETARY,
PATTAMBI MUNICIPALITY TO THE 6TH RESPONDENT
SUB COLLECTOR
EXHIBIT P12 TRUE COPY THE LETTER NO. PCB/PLKD/TG-321/2017
DATED 06-07-2021 BY THE 5TH RESPONDENT
ENVIRONMENTAL ENGINEER.
WP(C) NO. 27358 OF 2021
EXHIBIT-P13 TRUE COPY OF THE NOTICE NO. H1-7500/20 DATED
24.05.2022 BY THE SECRETARY, PATTAMBI
MUNICIPALITY
EXHIBIT-P14 TRUE COPY OF THE REPRESENTATION DATED
28.12.2023 SUBMITTED BEFORE THE SECRETARY,
PATTAMBI MUNICIPALITY
RESPONDENT ANNEXURES :
ANNEXURE R5(A) TRUE COPY OF PHOTOGRAPHS SHOWING THE BUILDING
SITE, PETITIONERS LAND ETC.
ANNEXURE R5(B) TRUE COPY OF THE WATER SAMPLE ANALYSIS RESULT
DATED 18-5-2024 OF THE OPEN WELL SAMPLES
COLLECTED, ISSUED BY THE POLLUTION CONTROL
BOARD.
// True Copy // PA To Judge
