Kizhakkekkara Residents Vs. Kerala State Road Transport - Court Judgment

SooperKanoon Citationsooperkanoon.com/1125767
CourtKerala High Court
Decided OnJan-23-2014
JudgeHONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
AppellantKizhakkekkara Residents
RespondentKerala State Road Transport
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr. justice a.v.ramakrishna pillai thursday, the23d day of january20143rd magha, 1935 wp(c).no. 19105 of 2008 (y) -------------------------------------- petitioner(s): ---------------------- 1. kizhakkekara residents association (reg), rep. by its president, c.josekutty kizhakkekara, pulamon, kottarakkara.2. shop owners association, pulamon, rep. by its secretary n.a. majeed, pulamon, kottarakkara. by advs.smt.aysha youseff smt.molly jacob smt.rabia beegam t.k. smt.m.kabani dinesh smt.u.m.fousia respondent(s): ------------------------- 1. kerala state road transport corporation, rep. by its managing director, ksrtc bhavan, trivandrum.2. district transport officer, kottarakkara.3. the district collector, kollam.4. the secretary, pollution control board, ernakulam, kochi.5. the district medical officer, kollam.6. kottarakkara grama panchayath, rep. by its secretary, kottarakkara.p.o. r1-2 by adv. sri.babu joseph kuruvathazha,sc,ksrtc r3, 5 by senior government pleader smt.lilly leslie r4 by adv. sri.m.r.arunkumar, sc, pollution control board r by s.sujin,advocate commisioner this writ petition (civil) having been finally heard on2301-2014, the court on the same day delivered the following: pj wp(c).no. 19105 of 2008 (y) -------------------------------------- appendix petitioners' exhibits ---------------------------------- p1: copy of the report in manorama daily dated164/2008 p2: copy of the report in manorama daily dated204/2008 p3: copy of the report in manorama daily dated215/2008 p4: copy of the report in manorama daily dated3010/2008 p5: copy of the representation to3d respondent. respondents' exhibits -------------------------------------- r6(a): copy of the sale deed no.946/2010 dated123/2010 of kottarakkara sro. r6(b): copy of the project for establishing the waste treatment plant approved on295/2010 r6(c): copy of the project for the waste treatment plant approved on295/2010 r6(d): copy of the project for modernisation of pulamon thodu approved on29/5/2010 r6(e): copy of the project for covering the drainage canal with concrete slabs. / true copy / p.s. to judge pj a.v. ramakrishna pillai, j.-------------------------------------------------- w.p.(c) no. 19105 of 2008 -------------------------------------------------- dated this the 23rd day of january, 2014 judgment aggrieved by the alleged inaction on the part of the respondents in not taking effective steps for cleaning up a drainage canal, which overflows during rainy season due to accumulation of waste, the petitioners have come up before this court.2. the petitioners are the residents association and shop owners association, who allege that they have requested the authorities on various occasions to clean up the canal, which overflows during rainy season due to accumulation of waste and to cover the same with concrete slabs. they allege that though they submitted ext.p5 representation before the 3rd respondent and similar representations before all other respondents, no effective steps have been taken by the respondents.3. arguments have been heard.4. though the petitioners want the ksrtc to clean the drain and keep the same in good sanitary condition, the stand w.p.(c) no. 19105 of 2008 ..2.. taken by the ksrtc is that it is for the 6th respondent panchayat to do the same as it is their statutory duty to do so, as per the panchayath raj act, in so far as the canal is situated in a land vested with the panchayat.5. as the 6th respondent did not appear despite notice, this court as per order dated 11.06.2010 ordered the personal presence of the secretary of the 6th respondent.6. thereafter, the 6th respondent filed a petition to review the said order. in the review petition, the 6th respondent stated that they have cleaned the drain and covered the same with concrete slabs partially. as the petitioners disputed the said averment, this court as per order dated 25.06.2010 reputed a commissioner to ascertain the status and to report. the commissioner has filed the report as directed.7. in the concluding part of the report, the advocate commissioner observed as under: "at the time of my inspection the respondents had engaged persons to clean up the waste which had accumulated in the ksrtc premises. photographs showing the personals cleaning up the premises of the bus stand is shown as annexure-(r). it is therefore submitted that the drains as of now do not show any clogging as the same appears to have w.p.(c) no. 19105 of 2008 ..3.. been cleaned by the respondents. the drains however need to be covered with slabs at least in the northern side of the ksrtc premises as it could avoid solid waste from falling into the drains which are the reasons for clogging of the drains and waste water accumulating in the area." since it is the duty of the 6th respondent panchayat to keep the drainage canal in good sanitary condition, the writ petition is disposed of with the following directions; a)the 6th respondent panchayat shall ensure that the drainage canal is cleaned every year, especially before the rainy season to facilitate free flow of water; b)shall declare the canal area "litter free zone" and place sign boards indicating the same as well as prohibiting the throw of waste into the canal by the public and; c)shall also ensure that the uncovered portion, especially, the northern side of the ksrtc premises, of the canal is covered by concrete slabs within a period of three months from today. a.v. ramakrishna pillai, judge bka/- w.p.(c) no. 19105 of 2008 ..4.. a.v. ramakrishna pillai, j.-------------------------------------------------- w.p.(c) no. 19105 of 2008 -------------------------------------------------- dated this the 20th day of january, 2014 judgment the petitioners, who are the residents association and shop owners association, have come up before this court alleging that they have requested the authorities on various occasions to clean up the canal, which overflows during rainy season due to accumulation of waste and to cover the same with concrete slabs. the petitioners' grievance is that though they have submitted ext.p5 representation before the 3rd respondent and similar representations before all other respondents, no effective step has been taken by the respondents.2. heard the learned standing counsel for the pollution control board and the learned government pleader.3. the writ petition relates to the issue, which arose in the year 2008. it appears that the purpose sought to be achieved by filing this writ petition might w.p.(c) no. 19105 of 2008 ..5.. have been served by lapse of time. therefore, the writ petition is closed without examining the merits of the grounds raised. a.v. ramakrishna pillai, judge bka/- spoke. judgment dated 20.01.2014 is recalled. 23.01.2014 sd/- avr (j)
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI THURSDAY, THE23D DAY OF JANUARY20143RD MAGHA, 1935 WP(C).No. 19105 of 2008 (Y) -------------------------------------- PETITIONER(S): ---------------------- 1. KIZHAKKEKARA RESIDENTS ASSOCIATION (REG), REP. BY ITS PRESIDENT, C.JOSEKUTTY KIZHAKKEKARA, PULAMON, KOTTARAKKARA.

2. SHOP OWNERS ASSOCIATION, PULAMON, REP. BY ITS SECRETARY N.A. MAJEED, PULAMON, KOTTARAKKARA. BY ADVS.SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SMT.RABIA BEEGAM T.K. SMT.M.KABANI DINESH SMT.U.M.FOUSIA RESPONDENT(S): ------------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, KSRTC BHAVAN, TRIVANDRUM.

2. DISTRICT TRANSPORT OFFICER, KOTTARAKKARA.

3. THE DISTRICT COLLECTOR, KOLLAM.

4. THE SECRETARY, POLLUTION CONTROL BOARD, ERNAKULAM, KOCHI.

5. THE DISTRICT MEDICAL OFFICER, KOLLAM.

6. KOTTARAKKARA GRAMA PANCHAYATH, REP. BY ITS SECRETARY, KOTTARAKKARA.P.O. R1-2 BY ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC R3, 5 BY SENIOR GOVERNMENT PLEADER SMT.LILLY LESLIE R4 BY ADV. SRI.M.R.ARUNKUMAR, SC, POLLUTION CONTROL BOARD R BY S.SUJIN,ADVOCATE COMMISIONER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2301-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ WP(C).No. 19105 of 2008 (Y) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS ---------------------------------- P1: COPY OF THE REPORT IN MANORAMA DAILY DATED164/2008 P2: COPY OF THE REPORT IN MANORAMA DAILY DATED204/2008 P3: COPY OF THE REPORT IN MANORAMA DAILY DATED215/2008 P4: COPY OF THE REPORT IN MANORAMA DAILY DATED3010/2008 P5: COPY OF THE REPRESENTATION TO3D RESPONDENT. RESPONDENTS' EXHIBITS -------------------------------------- R6(A): COPY OF THE SALE DEED NO.946/2010 DATED123/2010 OF KOTTARAKKARA SRO. R6(B): COPY OF THE PROJECT FOR ESTABLISHING THE WASTE TREATMENT PLANT APPROVED ON295/2010 R6(C): COPY OF THE PROJECT FOR THE WASTE TREATMENT PLANT APPROVED ON295/2010 R6(D): COPY OF THE PROJECT FOR MODERNISATION OF PULAMON THODU APPROVED ON29/5/2010 R6(E): COPY OF THE PROJECT FOR COVERING THE DRAINAGE CANAL WITH CONCRETE SLABS. / TRUE COPY / P.S. TO JUDGE PJ A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 19105 of 2008 -------------------------------------------------- Dated this the 23rd day of January, 2014

JUDGMENT

Aggrieved by the alleged inaction on the part of the respondents in not taking effective steps for cleaning up a drainage canal, which overflows during rainy season due to accumulation of waste, the petitioners have come up before this Court.

2. The petitioners are the Residents Association and Shop Owners Association, who allege that they have requested the authorities on various occasions to clean up the canal, which overflows during rainy season due to accumulation of waste and to cover the same with concrete slabs. They allege that though they submitted Ext.P5 representation before the 3rd respondent and similar representations before all other respondents, no effective steps have been taken by the respondents.

3. Arguments have been heard.

4. Though the petitioners want the KSRTC to clean the drain and keep the same in good sanitary condition, the stand W.P.(C) No. 19105 of 2008 ..2.. taken by the KSRTC is that it is for the 6th respondent Panchayat to do the same as it is their statutory duty to do so, as per the Panchayath Raj Act, in so far as the canal is situated in a land vested with the Panchayat.

5. As the 6th respondent did not appear despite notice, this Court as per order dated 11.06.2010 ordered the personal presence of the Secretary of the 6th respondent.

6. Thereafter, the 6th respondent filed a petition to review the said order. In the review petition, the 6th respondent stated that they have cleaned the drain and covered the same with concrete slabs partially. As the petitioners disputed the said averment, this Court as per order dated 25.06.2010 reputed a Commissioner to ascertain the status and to report. The Commissioner has filed the report as directed.

7. In the concluding part of the report, the Advocate Commissioner observed as under: "At the time of my inspection the respondents had engaged persons to clean up the waste which had accumulated in the KSRTC premises. Photographs showing the personals cleaning up the premises of the bus stand is shown as Annexure-(R). It is therefore submitted that the drains as of now do not show any clogging as the same appears to have W.P.(C) No. 19105 of 2008 ..3.. been cleaned by the respondents. The drains however need to be covered with slabs at least in the northern side of the KSRTC premises as it could avoid solid waste from falling into the drains which are the reasons for clogging of the drains and waste water accumulating in the area." Since it is the duty of the 6th respondent Panchayat to keep the drainage canal in good sanitary condition, the writ petition is disposed of with the following directions; a)The 6th respondent Panchayat shall ensure that the drainage canal is cleaned every year, especially before the rainy season to facilitate free flow of water; b)shall declare the canal area "Litter Free Zone" and place sign boards indicating the same as well as prohibiting the throw of waste into the canal by the public and; c)shall also ensure that the uncovered portion, especially, the northern side of the KSRTC premises, of the canal is covered by concrete slabs within a period of three months from today. A.V. RAMAKRISHNA PILLAI, JUDGE bka/- W.P.(C) No. 19105 of 2008 ..4.. A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 19105 of 2008 -------------------------------------------------- Dated this the 20th day of January, 2014

JUDGMENT

The petitioners, who are the Residents Association and Shop Owners Association, have come up before this Court alleging that they have requested the authorities on various occasions to clean up the canal, which overflows during rainy season due to accumulation of waste and to cover the same with concrete slabs. The petitioners' grievance is that though they have submitted Ext.P5 representation before the 3rd respondent and similar representations before all other respondents, no effective step has been taken by the respondents.

2. Heard the learned Standing Counsel for the Pollution Control Board and the learned Government Pleader.

3. The writ petition relates to the issue, which arose in the year 2008. It appears that the purpose sought to be achieved by filing this writ petition might W.P.(C) No. 19105 of 2008 ..5.. have been served by lapse of time. Therefore, the writ petition is closed without examining the merits of the grounds raised. A.V. RAMAKRISHNA PILLAI, JUDGE bka/- Spoke. Judgment dated 20.01.2014 is recalled. 23.01.2014 Sd/- AVR (J)