Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942 WP(C).No.17606 OF 2014(A) PETITIONER: CORDIAL FOUNDATION BUILDERS AND PROMOTERS,'GEETHA'TC 9/2561,NEAR K.P.C.C.OFFICE,VELLAYAMBALAM,THIRUVANANTHAPURAM- 695010,REPRESENTED BY ITS PARNTER N.KOCHANIYEN UNNITHAN. BY ADVS. SRI.P.PARAMESWARAN NAIR SREELATHA PARAMESWARAN SRI.P.CHANDRASEKHAR SHRI.K.NIRMALAN SRI.A.RAJASIMHAN RESPONDENTS:
1 ADDITIONAL CHIEF SECRETARY TO GOVERNMENT ENVIRONMENT DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2 KERALA STATE POLLUTION CONTROL BOARD PATTOM.P.O,THIRUVANANTHAPURAM-695004,REPRESENTED BY ITS CHAIRMAN. 3 CORPORATION OF THIRUVANANTHAPURAM CORPORATION OFFICE,PALAYAM.P.O,THIRUVANANTHAPURAM. 4 SECRETARY CORPORATION OF THIRUVANANTHAPURAM,CORPORATION OFFICE,PALAYAM.P.O,THIRUVANANTHAPURAM. R1 BY SRI.SURIN GEORGE IPE, SENIOR GOVERNMENT PLEADER R2 BY ADV. SRI. T.NAVEEN, SC, KERALA STATE POLLUTION CONTROL BOARD, R3 & R4 BY ADV. SRI.N.NANDAKUMARA MENON (SR.) ADV. SRI.P.K.MANOJKUMAR,SC TVPM CORPORATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.17606 OF 2014(A) 2
JUDGMENT
Dated this the 12th day of March 2021 This writ petition is filed by the petitioner seeking the following reliefs: [a]. Issue a writ of certiorari or any writ, order or direction, quashing Ext. P13.
(b) Issue any such writ or direction which this Hon'ble Court deem fit and proper in the interest of justice.
2. Petitioner is a builder, which has constructed a multi-storied
apartment viz., Cordial Foundation, situated within the limits of the Thiruvananthapuram Corporation. According to the petitioner, twenty families are living there and BOD level of discharge water from the STP filter outlet is only 6.33 Mg/L whereas the permitted limit is 30 Mg/L.
3. Anyhow the grievance of the petitioner is that the Secretary of the
Thiruvananthapuram Corporation has issued Exhibit P13 notice dated 15.3.2014 directing the petitioner to stop pumping of the waste water from the septic tank to public drain situated within the limits of the Corporation. On receipt of Exhibit P13, evidently the Councillor of the ward has interfered and has submitted a representation before the Secretary of the Corporation stating that twenty families are residing in the flat and at present the water pumped out from the septic tank is after due filtration and no manner of prejudice is caused to anyone.
WP(C).No.17606 OF 2014(A) 3
4. Anyhow this writ petition is pending before this Court from the year
2014. A statement is filed by the respondents justifying its stand adopted in Exhibit P13 and stating that various notices were issued to the petitioner in
order to rectify the defect and only on failure on its part that the final action
was initiated by the Secretary of the Municipal Corporation.
5. I have heard learned counsel representing the petitioner, learned
Senior Counsel appearing for the Thiruvananthapuram Corporation, learned Standing Counsel for the Pollution Control Board, learned Senior Government Pleader and perused the pleadings and materials on record.
6. Even though going by the pleadings put forth by the parties and
looking at the documents, I am not inclined to grant the reliefs as is sought for by the petitioner, I think due to efflux of time, many changes might have taken place including installation of STP by the builder or residents of the flat.
7. In that view of the matter, I think the writ petition can be disposed of
directing the Secretary of the Corporation to verify the situation as of now and take a decision. Accordingly the writ petition is disposed of leaving open the liberty of the petitioner to submit a suitable representation before the Secretary of the Thiruvananthapuram Corporation, against Exhibit P13, within a month from the date of receipt of a copy of this judgment, which shall be considered by the Secretary of the Corporation at the earliest possible time and at any rate
WP(C).No.17606 OF 2014(A) 4 within three months from the date of receipt of the representation. When the writ petition was admitted, further proceedings pertaining to Exhibit P13 impugned order was kept in abeyance and the said order continues to be in force. The said order will continue till a decision is taken by the Secretary of the Corporation. Sd/- SHAJI P.CHALY smv JUDGE WP(C).No.17606 OF 2014(A) 5 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 EXT.P1 COPY OF THE PERMIT DT.7/2/2008.` EXHIBIT P2 EXT.P2 COPY OF THE INTERGRATED CONSENT DT.17/2/2013 EXHIBIT P3 EXT.P3 COPY OF THE CERTIFICATE OF EXAMINATION DT.20/6/2014
EXHIBIT P4 EXT.P4 COPY OF THE CIRCULAR DT.22/4/2010 EXHIBIT P5 EXT.P5 COPY OF THE NOTICE DT.5/3/2013 EXHIBIT P6 EXT.P6 COPY OF THE REPLY DT.9/3/2013 EXHIBIT P7 EXT.P7 COPY OF THE SHOW CAUSE NOTICE
DT.21/5/2013 EXHIBIT P8 EXT.P8 COPY OF THE EXPLANATION DT.27/6/2013 EXHIBIT P9 EXT.P9 COPY OF THE NOTICE DT.18/7/2013 DT.5/8/2013.
EXHIBIT P10 EXT.P10 COPY OF THE EXPLANATION DT.5/8/2013 EXHIBIT P11 EXT.P11 COPY OF THE LETTER DT.27/1/2014 EXHIBIT P12 EXT.P12 COPY OF THE WRITTEN EXPLANATION
DT.29/1/2014 EXHIBIT P13 EXT.P13 COPY OF THE FINAL NOTICE DT.15/3/2014 EXHIBIT P14 EXT.P14 COPY OF THE LETTER DT.3/6/2014 EXHIBIT P15 EXT.P15 COPY OF THE MINUTES OF THE MEETING DT.11/4/2014.