[Cites 2, Cited by 0]
Kerala High Court
Alex vs The District Collector on 21 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.41931 of 2025
1
2026:KER:5246
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 21ST DAY OF JANUARY 2026 / 1ST MAGHA, 1947
WP(C) NO. 41931 OF 2025
PETITIONER(S):
ALEX
AGED 48 YEARS, S/O. THOMAS, VELLATHOTTAM HOUSE,
NEELOOR KARA, KADANAD VILLAGE, MEENACHIL TALUK,
KOTTAYAM DISTRICT NOW RESIDING AT VELLATHOTTAM HOUSE,
UDUMBANNOOR KARA, UDUMBANNOOR VILLAGE, THODUPUZHA
TALUK, IDUKKI DISTRICT, PIN - 685595
BY ADVS.
SRI.BIJU .C. ABRAHAM
SHRI.THOMAS C.ABRAHAM
SHRI.BASIL MATHEW
RESPONDENT(S):
1 THE DISTRICT COLLECTOR
COLLECTORATE, KUYILIMALA, PAINAVU PO, IDUKKI
DISTRICT, PIN - 685603
2 THE DISTRICT MEDICAL OFFICER (HEALTH)
OFFICE OF THE DISTRICT MEDICAL OFFICER (HEALTH),
CIVIL STATION, KUYILIMALA, PAINAVU PO, IDUKKI
DISTRICT, PIN - 685603
3 THE SECRETARY
UDUMBANNOOR GRAMA PANCHAYAT, UDUMBANNOOR PO,
THODUPUZHA TALUK, IDUKKI DISTRICT, PIN - 685595
4 JOHNSON
AGED 58 YEARS, S/O. THOMAS, PAZHAYIDATHU HOUSE,
UDUMBANNOOR KARA, UDUMBANNOOR VILLAGE, THODUPUZHA
TALUK, IDUKKI DISTRICT, PIN - 685595
W.P.(C) No.41931 of 2025
2
2026:KER:5246
5 THE KERALA STATE POLLUTION BOARD
PATTOM PO, THIRUVANANTHAPURAM DISTRICT -REPRESENTED
BY ITS CHAIRMAN, PIN - 695004
6 ADDL.R6. UDUMBANNOOR GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, UDUMBANNOOR PO,
THODUPUZHA TALUK, IDUKKI DISTRICT -685595.
7 ADDL.R7. THE ENVIRONMENTAL ENGINEER
PARATHODE - IDUKKI POST, PARATHODE, IDUKKI DISTRICT -
685571. (ADDL.R6 & R7 ARE IMPLEADED AS PER ORDER
DATED 27.11.2025 IN IA.1/2025 IN W.P.(C).)
BY ADVS.
SRI.BABY MATHEW
SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL
BOARD,
SHRI.JOICE GEORGE
SMT. PREETHA K.K., GP
SHRI.SEBASTIAN K.JOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.41931 of 2025
3
2026:KER:5246
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.41931 of 2025
------------------------------------------------------
Dated this the 21st day of January, 2026
JUDGMENT
The above writ petition is filed seeking the following
reliefs:
"i) To issue a writ of mandamus or any other appropriate writ,
order or direction, directing respondent Nos. 1 to 3 to take
immediate and effective action against the 4th respondent to
prevent the discharge and storage of sewage and cattle waste in
open pits situated near the petitioner's Well and residential
house.
ii) To issue a writ of mandamus or any other appropriate writ or
order or direction, directing respondent Nos. 1 to 3 to take
necessary action to close down the farm of the 4th respondent
and fill up the cow down pit which is constructed in an
unscientific manner.
iii) To issue a writ of mandamus or any other appropriate writ,
order or direction, directing the respondents to ensure removal
of the said earthen pits and to restore sanitary and safe
environmental conditions in the locality of the petitioner's
property.
iv) To direct respondent Nos. 1 & 2 to take urgent and
appropriate measures to protect the health and safety of the
petitioner and his family by ensuring supply of potable water
and preventing contamination of the petitioner's Well.
v) To declare that the inaction of respondent Nos. 1 to 3 in
2026:KER:5246
preventing the pollution of the petitioner's Well and residential
surroundings is illegal, arbitrary, and violative of Articles 14 and
21 of the Constitution of India.
vi) Grant such other reliefs as this Hon'ble Court may deem just
and proper in the interest of justice, including costs.
vii) To dispense with English translation of Malayalam
Documents." [SIC]
2. The petitioner is the absolute owner in
possession of 11.73 Ares of property in Survey No.47/1-2-2
and 47/1-2 in Block No.42 of Udumbannoor Village, along
with a residential house bearing No.UGP/XV/101 under the
jurisdiction of the Udumbannoor Grama Panchayat is the
submission. It is the case of the petitioner that, he and his
family residing therein and they are relying a well situated
in the said property as their only source of drinking water.
The 4th respondent, who owns the adjacent property on the
eastern and southern sides of the petitioner's property,
established a cattle farm and the 4 th respondent has dug
two open, unsecured earth pits in his land, in which sewage
and waste discharged from the cattle farm are collected
and stored. These pits are located only 11 meters away
2026:KER:5246
from the petitioner's well and residential house is the
submission. Due to the higher elevation of the 4 th
respondent's property and the sloping nature of the terrain,
contaminated effluents containing cow dung, urine, feed
waste, medical waste etc., are overflowing and that is
polluting petitioner's well water is the submission.
Eventhough, the petitioner approached the authorities, no
action is taken. Hence, this writ petition is filed.
3. Heard, the learned counsel appearing for the
petitioner, the Standing Counsel for the Panchayat, the
Standing Counsel for the Pollution Control Board and the
counsel appearing for the 4th respondent. I also heard the
learned Government Pleader.
4. When this writ petition came up for consideration
on 27.11.2025, this Court passed the following order:
"The additional 6th respondent will inspect the
cattle farm of the 4th respondent and submit a report
before this Court about the allegation of pollution raised
in this writ petition, within three weeks from the date of
receipt of a copy of this order."
Based on the above order, the Pollution Control Board
2026:KER:5246
submitted a report. It will be better to extract the relevant
portion of the above report:
"4. Based on the complaints and the interim order of
this Hon'ble court, the farm run by the 4th respondent was
inspected by the Board officials on 29.11.2025 and found
18 adult cattle housed in a shed and a few nos. of cattle
and calves in an open area and that the cattle farm was
functioning without adequate pollution control measures
and without the consent of the Board. The Circular number
KSPCB /258/2025-SEE-1 dated 14.05.2025 published by
the Board states that "Cattle/dairy farm having animals 15
to 500 nos. has been categorized under Orange Category
and dairy farm having more than 500 animals in Red
Category. A true copy of the Circular No. KSPCB /258/2025-
SEE-1 dated 14.05.2025 issued by the Board is produced
herewith and marked as Annexure R7(a).
5. It is humbly submitted that the wastewater from
the farm, including the wash water from the shed, was
openly discharged and was found collected in an open pit
located in the nearby premises situated approximately 12
meters from the petitioner's well and the pit was located at
a higher elevation compared to the petitioner's well.
Another pit containing wastewater was also observed in
the premises. Wastewater from the open cow rearing area
was also found flowing into the adjacent land. No
wastewater treatment facility such as a biogas plant,
septic tank, or soak pit, was provided in the farm. The well
water samples from the petitioner's well were collected
2026:KER:5246
and analyzed in District Lab of this office. The analysis
report showed that the parameters like pH, Turbidity
exceed the drinking water quality standards prescribed
under IS 10500:2012. The substantial values of Biological
Oxygen Demand, suspended solids, conductivity and
presence of total coliform, fecal coliform and fecal
streptococci were also detected in the water samples. The
Indian Standard drinking water specification (Second
Revision) IS 10500:2012 stipulates that "All water Intended
for drinking: E. coli or thermo tolerant coliform bacteria
shall not be detectable in any 100 ml sample". The ratio of
fecal coliform to fecal streptococci is 0.45, which is less
than one, indicating that the water contamination is likely
from animal discharges. A true copy of the Analysis Report
dated 04.12.2025 is produced herewith and marked as
Annexure R7(b).
6. Based on the defects observed during the
inspection, instruction dated 06.12.2025 was issued to the
4th respondent, directing him to rectify the defects
immediately. A copy of the letter was also made available
to the Panchayat Secretary for information and further
necessary action. A true copy of the letter dated
06.12.2025 issued to the 4th respondent is produced
herewith and marked as Annexure R7(c). The matter was
also reported to the District Collector for further action. A
true copy of the communication dated 06.12.2025 issued
to the District Collector is produced herewith and marked
as Annexure R7(d). The matter is being followed up."
2026:KER:5246
5. From the above, it is clear that the Pollution
Control Board is taking steps in accordance with law. If
that be the case, this writ petition need not be retained
here. The Pollution Control Board can be directed to
proceed with Annexure R7(c) and conclude the proceedings
in accordance with law, after giving an opportunity of
hearing to the petitioner and the 4 th respondent, within a
time frame.
Therefore, this Writ Petition is disposed of with the
following directions:
1. The Addl. 7th respondent is directed to
conclude the proceedings initiated as evident
by Annexure R7(c), after giving an
opportunity of hearing to the petitioner and
the 4th respondent, as expeditiously as
possible, at any rate, within a period of two
months from the date of receipt of a certified
copy of this judgment.
2. The decision taken by the Addl. 7 th
2026:KER:5246
respondent will be communicated to the 3rd
respondent and based on the same, the 3rd
respondent will do the needful, in accordance
with law.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of Judgment 21.01.2026
Judgment dictated 21.01.2026
Draft Judgment placed 22.01.2026
Final Judgment uploaded 22 .01.2026
2026:KER:5246
APPENDIX OF WP(C) NO. 41931 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 10/09/2025
EVIDENCING THE PAYMENT OF TAX FOR THE FINANCIAL
YEAR 2025-2026
Exhibit P2 TRUE COPY OF THE WATER TEST REPORT DATED
01/09/2025 ISSUED BY THE CHEMIST, QUALITY
CONTROL SUB DISTRICT LAB, KERALA WATER
AUTHORITY, THODUPUZHA
Exhibit P3 TRUE COPY OF THE NOTICE BEARING NO. 4144741-
2025 DATED 28/08/2025 ISSUED BY THE 3RD
RESPONDENT TO THE 4TH RESPONDENT
Exhibit P4 TRUE COPY OF THE COMMISSION REPORT DATED
29/09/2025 SUBMITTED BY THE ADVOCATE
COMMISSIONER IN O.S. NO. 193/2025 BEFORE THE
HON'BLE MUNSIFF COURT, THODUPUZHA
Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT, DATED
10/10/2025
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
10/10/2025 SUBMITTED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT
Exhibit P7 TRUE COPY OF THE COMPLAINT (EXCLUDING
ANNEXURES) DATED 03/11/2025 SUBMITTED BY THE
PETITIONER BEFORE THE 5TH RESPONDENT
RESPONDENT ANNEXURES
Annexure True copy of the Circular No. KSPCB/258/2025-
R7(a) SEE-1 dated 14-5-2025 issued by the Pollution
Control Board.
Annexure True copy of the Analysis Report dated 4-12-
R7(b) 2025 issued by the Pollution Control Board.
Annexure True copy of the Letter No. PCB/DID/523/2025-
R7(c) AE1 dated 6-12-2025 issued by the Pollution
Control Board to the 4th respondent.
Annexure True copy of the Letter No. PCB/DID/523/2025-
R7(d) AE1 dated 6-12-2025 issued by the Pollution
Control Board to the District Collector.
