Kerala High Court
Mystic Heights1 Apartment Owners ... vs District Collector Ernakulam on 7 March, 2025
WP(C) No.34585/2024 1/6 Order Date : 07-03-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Friday, the 7th day of March 2025 / 16th Phalguna, 1946
WP(C) NO. 34585 OF 2024
PETITIONER:
MYSTIC HEIGHTS1 APARTMENT OWNERS ASSOCIATION,
(MH1OA),REG.NO.ER604/2011, KANIYAMPUZHA ROAD, EROOR PO, REP. BY ITS
SECRETARY SMT.ANITHA BHARGAVAN PILLAI AGED 63 YEARS, W/O. BHARGAVAN
PILLAI.V.N ,APARTMENT NO.10A, MYSTIC HEIGHTS1, KANIYAMPUZHA ROAD,
EROOR PO, ERNKAULAM DISTRICT , PIN - 682306
RESPONDENTS:
1. DISTRICT COLLECTOR ERNAKULAM, OFFICE AT CIVIL
STATION,KAKKANAD,ERNAKULAM DISTRICT, PIN - 682030
2. KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE AT GANDHI
NAGAR, KADAVANTHRA, ERNAKULAM DISTRICT, PIN - 682020
3. THE SECRETARY, TRIPUNITHURA MUNICIPALITY, OFFICE AT STATUE JUNCTION,
TRIPUNITHURA, ERNAKULAM DISTRICT, PIN - 682301
4. MR. SREENI PARAMESWARAN , AGED 46 YEARS S/O PARAMESWARAN, MANAGING
DIRECTOR- SWAS HOMES,( BUILDER OF MYSTIC HEIGHTS PHASE I AND PHASE
II) KANIYAMPUZHA ROAD, EROOR PO, ERNAKULAM DISTRICT, PIN - 682306
5. THE SECRETARY, MYSTIC HEIGHTS- PHASE II APARTMENT OWNERS
ASSOCIATION-( MH II OA), KANIYAMPUZHA ROAD, EROOR PO, ERNKAULAM
DISTRICT, PIN - 682306
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an order directing the 2nd respondent to make inspection
of the phase i and ii mystic heights apartment complexes, the stp unit
installed in phase i, take appropriate steps to disconnect the sewage line
from phase II to stp unit phase I and installation of separate STP unit
for phase ii forth with.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. ABRAHAM P.GEORGE, M.SANTHY, RISHABH DILRAJ, VISHNU J. & PREETHY
VARGHESE Advocates for the petitioner, SRI. K.S.ARUN KUMAR, Advocate for
the respondent 3, SRI.ARAVIND S.S, Advocate for the respondent 4 and of
M/S.RAMNATH M.P, BEPIN PAUL, S.SANDHYA, SHALU VARGHESE, POOJA KRISHNA
K.B., UMA R.KAMATH, K.J.SEBASTIAN(S-1054), P.RAJESH (KOTTAKKAL),
M.VARGHESE VARGHESE, ANTONY THARIAN, SHANTHI JOHN, RAMNATH M.P & BRIJESH
MOHAN, Advocates for the respondent 5, the court passed the following:
WP(C) No.34585/2024 2/6 Order Date : 07-03-2025
ZIYAD RAHMAN A.A., J.
========================
W.P(C) No.22010 of 2024
&
W.P(C) No.34585 of 2024
========================
Dated this the 7th day of March, 2025
ORDER
Today when the matter came up for consideration, the
learned Standing Counsel for the Pollution Control Board upon
instructions submitted that, after getting an intimation from the
petitioner in W.P(C) No.34585/2024, the officers of the
Pollution Control Board had conducted an inspection on
06.03.2025, of the temporary STP. According to them, during
the said inspection it was found that, the said petitioner had
installed initial components such as oil traps, three collection
tanks having capacity of 15,000 litre per day. According to the
Pollution Control Board the requisite capacity of the tank is
30,000 litre per day. Similarly, the other components of
temporary STP such as aeration tank (10,000 litres), settling
tank (10,000 litres, clarifier (5,000 litres,) filter fill tank (5,000
litres) are to be installed for to make temporary STP functional.
WP(C) No.34585/2024 3/6 Order Date : 07-03-2025
W.P(C) No.22010 of 2024 &
Therefore, the petitioner in W.P(C) No.34585/2024 is directed to
rectify the said shortcomings and complete the same within a
period of one week, so as to make it functional.
Post on 14.03.2025.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
WP(C) No.34585/2024 4/6 Order Date : 07-03-2025
APPENDIX OF WP(C) 34585/2024
Exhibit P1 A TRUE COPY OF THE CONSENT TO OPERATE, ISSUED BY THE
2ND RESPONDENT ON 26/04/2011
Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 02/02/2018 IN OS NO.
1005/2011 PASSED BY SUB COURT, ERNAKULAM
Exhibit P3 A TRUE COPY OF THE NOTICE (NO.PH-1687270/2024, DATED
30/07/2024)
Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 17.9.2024
Exhibit P5 TRUE COPY OF THE DETAILED QUOTATION / REPORT DATED
06/01/2025 FROM AQUA TECH WATER TREATMENT AND
ENGINEERING
Exhibit P6 TRUE COPY OF THE COVERING LETTER DATED 04/02/2025 AND
THE PLAN FOR AUGMENTATION OF STP SITUATES IN PHASE NO.
Exhibit P7 DETAILS OF EXPENSES OF THE REMOVING WASTE WATER AND
SETTING UP OF THE TEMPORARY S.T.P. UNIT
Exhibit P8 THE PHOTOCOPY OF TECHNICAL PROPOSAL DATED 23.02.2025
WITH ACKNOWLEDGEMENT FROM THE OFFICE OF POLLUTION
CONTROL BOARD
Exhibit P12 THE DETAILS OF EXPENSES FOR REVAMPING THE STP UNIT UP
TO 14/02/25
Exhibit P9 THE BROCHURE PUBLISHED BY THE BUILDER FOR PHASE I
Exhibit P10 THE BROCHURE PUBLISHED BY THE BUILDER FOR PHASE II
Exhibit P11 THE COMMON JUDGMENT DATED 14/08/2014 IN W.P. (C) NO.
7066/2013 AND WPC NO. 9951/2013
Exhibit R(5)1 The true photostat copy of the consent to operate
issued by the 2nd respondent to the 4th respondent
bearing No.PCB/RO-Ekm/MFB/1ACO-21/10 Dated 26.4.2011
Exhibit R(5)2 The true photostat copy of the building permit Dated
12.4.2007 bearing No.BA893/05-06 issued by the
Tripunithura Municipality for the construction of Two
blocks (A block and B block) to the Director Shwas
Homes Pvt.Ltd.
Exhibit R(5)3 The true photostat copy of the notice dt.4.2.2023
bearing No.PCB/Ekm/DO-1/Gen-39/21 as received by the
5th responddent from the 2nd respondednt.
Exhibit R(5)4 The true Photostat copy of the reply dt,24.2.2023
submitted by the 5th respondent to the 2nd respondent.
Exhibit R(5)5 The true photostat copy of the noticed dt 27.3.2023
bearing No.PCB/Ekm/Do-1/Gen-39/21 as issued by the 2nd
respondent to the 4th responddent with copy marked to
Petitioner and 5th respondent.
Exhibit R(5)6 The trie photostat copy of the show cause notice
dt.8.8.2024 bearing No.PCB/Ekm/Do-1/Gen-39/21 as issued
by the 2nd respondent to petitioner and respondents 4
and 5.
Exhibit R(5)7 The true photostat copy of the reply dt.31.8.2024
issued by the 5th respondent to the 2nd respondent in
response to Ext.R(5)-6 notice.
Exhibit R(5)8 True photostat copy of the noticed dt.6.9.24 bearing
No.PCB/Ekm/DO-1/Gen-26/20 as issued by the 2nd
respondent to petitioner and respondents 4 and 5 with
copy marked to the Secretary,Tripunithura Municipality.
WP(C) No.34585/2024 5/6 Order Date : 07-03-2025
Exhibit R(5)9 The true photo copy of the written submissions dt
09.09.2024 made by the 5™ respondent before the 2nd
respondent
Exhibit R(5)10 The true photo copy of the letter dt 03.09.2024 sent by
the 5th respondent Association of Phase-Il viz Mystic
Heights --Il Owners Association to the petitioner
Association
Exhibit R(5)11 The true photo copy of the technical proposal obtained
on expert advice from Cochin Aqua Purifiers by the 5th
respondent Association in respect of revamping the STP
Exhibit R(5)12 The true of the plaint dt 18.01.2024 in OS.No.70 2024
before the Hon ble Munsiffs Court, Ernakulam as filed
by the petitioner Association
Exhibit R(5)13 The true photo copy of the written statement dt
27.05.2024 filed by the 6th respondent Association
through its President and Secretary
Exhibit R(5)14 The true photo copy of the Minutes of the Hearing held
on 09.09.2024 as issued by the Environmental Engineer
of the 2th respondent
Exhibit R(5)15 The true photo copy of the letter/directions dt
28.09.2024 and bearing No.PCB/Ekm/DO-1/Gen-11/24 as
issued by the 2th respondent
Exhibit R(5)16 The true photo copy of the further show cause notice dt
05.10.2024 requiring to show cause why action under
S.33A of Act of 1974 shall not be taken within 2 days,
as issued by the 2th respondent
Exhibit R(5)17 The true photo copy of the reply/representation dt
09.10.2024 bearing ref No.MH2/STP/No.07/2024, submitted
by the 5h respondent before the 2nd respondent
Exhibit R(5)18 The true photo copy of the directions issued under
S.33A of the Water (Prevention and Control of
Pollution) Act of 1974 and dt. 19.10.2024 bearing
No.PCB/DO-1/Ekm/Gen-39/21 by the 2nd respondent
Exhibit R(5)19 The photo copy of the photographs showing the affluent
water from the sewage tanks and spreading on the tiled
floor of the property
Exhibit R(5)20 The true photo copy of the notice of For hearing
(online) dt 12.12.2024 issued by the 2nd respondent and
calling for a meeting on 16.12.2024
Exhibit R(5)-22 The true photo copy of the flow chart diagram of the
current common STP of Phase-1 and II towers
Exhibit R(5)-21 The true photo copy of the detailed representation
submitted by the 5th respondent dt 20.12.2024 before
the 2nd respondent in pursuance of order dt 18.12.2024
of this Honorable court
Exhibit R(5)-23 The true photo copy of the price, commercial terms and
conditions of Cochin Acqua Purifiers, who have given
Ext R(5)-11 technical proposal
Exhibit R(5)-24 The true photo copy of the email print out of email dt
27.12.2024 as issued by Unnikrishnan, President of
Petitioner to the 5th respondent
Exhibit R(5)-25 The true photo copy of the email print out dt
28.12.2024 with the letter therewith attached as issued
by 5th respondent to the President of petitioner
WP(C) No.34585/2024 6/6 Order Date : 07-03-2025
Exhibit R(5)-26 The true photo copy of the email print out dt
28.12.2024 with the letter therewith attached as issued
by Unnikrishnan, the President of petitioner to the 5th
respondent
Exhibit R(5)-27 The true photo copy of the invoice dt 16.01.2025
bearing No.18983 with order No.24042 issued to the 5th
respondent from the Kochi Municipal Corporation for
booking of 9 trips of septage tanker service
Exhibit R(5)-28 The true photo copy of the urgent notice dt 27.12.2024
bearing No.PCB/Ekm/DO-1/Gen-11/24 to the petitioner
with copy to 5th respondent requiring immediate action
in pursuance of this Honorable courts order and also
appending therewith the copy of consent and design
details of existing STP
Exhibit R(5)-29 The true photo copy of the letter dt 27.01.2025 bearing
No.PCB/DO-1/EkrniGen11/24 issued by the 2nd respondent
to the petitioner in the Writ Petition (Phase-I
Association) with copy to the 5Th respondent (Phase-II
Association)
Exhibit R(5)-30 The true photo copy of the letter dt 05.02.2025 bearing
No.PCB/DO-1/Ekm/Gen-11/24 issued by the 2nd respondent
to the petitioner in the WrIt Petition (Phase-I
Association) with copy to the 5th respondent (Phase-H
Association)
