K.M.Siddique Vs. the Assistant Registrar of Co-op.Societi - Court Judgment

SooperKanoon Citationsooperkanoon.com/1130440
CourtKerala High Court
Decided OnFeb-12-2014
JudgeHONOURABLE MR.JUSTICE ANTONY DOMINIC
AppellantK.M.Siddique
RespondentThe Assistant Registrar of Co-op.Societi
Excerpt:
in the high court of kerala at ernakulam present : the honourable mr. justice pius c.kuriakose & the honourable mr. justice c.k.abdul rehim friday, the14h october2011/ 22nd aswina1933wp(c).no. 26487 of 2011(i) ----------------------- petitioner : --------------------- corporation of kollam, represented by its secretary, corporation office kollam, kollam. by adv. sri.m.k.chandra mohan das, sc respondent(s): ------------------------- 1. the city police commissioner, kollam-691 001.2. the circle inspector of police, kollam west circle, kollam-691 001.3. the sub inspector of police, kollam west police station, kollam-691 001.4. manushyavakasha paristhithi samrakshana samithy-regn.no.q2211, kureepuzha, kavanadu post, kollam-3, represented by its secretary mr.manalil k santhosh.5. n.sathyapalan, president, manushyavakasha paristhithi samrakshana samithy- regn.no.q2211, kureepuzha, kavanadu post, kollam-3, residing at "aathira bhavanam", mg nagar17 kureepuzha, kavanadu post, kollam-3.6. kiran p.shah, "kalika", kureepuzha, kavanadu post, kollam-3.7. sahadevan, kochuveettil kizhakethil, kureepuzha, kavanadu post, kollam-3.8. prithviraj.n., "rajalayam", kureepuzha, kavanadu post, kollam-3. ...2/- wp(c).no. 26487 of 2011(i) -2- 9. sanalkumar, "gokulam", kureepuzha, kavanadu post, kollam-3.10. sreekumar, vadakke marakazhayath, kureepuzha, kavanadu post, kollam-3. r1 to r3 by govt. pleader smt. k.t. lilly r4 to r6, r8 to r10 by adv. smt.saritha david chunkath this writ petition (civil) having come up for admission on1410/2011, the court on the same day delivered the following: mn ...3/- wp(c).no. 26487 of 2011(i) appendix petitioner's exhibits: ext.p1 : true copy of the complaint dtd. 29.9.2011 submitted by the petitioner corporation to the respondents1to3ext.p2 : true copy of the consent to operate dtd. 30.12.2008 from the kerala state pollution control board. ext.p3 : true copy of the letter dtd. 3.10.2011 submitted by the petitioner to the district collector as well as the district medical officer, the deputy director of education and the1t respondent. ext.p4 : true copy of the news report published in malayala manorama daily on210.2011 respondent's exhibits : ext.r4(a) : copy of letter no. 1519/a3/kczma dt. 13.09.2011 by the kerala coastal zone management authority to the secretary, kollam corporation. ext.r4(b) : copy of letter dt. 22.7.2011 by the kerala state pollution control board sent to the4h respondent. ext.r4(c) : copy of newspaper report in malayala manorama daily dt. 3.10.2011. ext.r4(d) copy of newspaper report in malayala manorama daily dt. 9.10.2011. //true copy// p.s. to judge mn manjula chellur (ag.cj) & a.m.shaffique, j.---------------------------------------------------- w.p.(c) no. 26487 of 2011 --------------------------------------------------- dated this the 5th the day of july, 2012 order manjula chellur (ag.cj) this writ petition came to be filed by the corporation of kollam seeking certain directions, especially to issue a writ of mandamus directing respondents 1 to 3, to grant effective, proper and adequate police protection to the life and property of the employees of the corporation and also to prevent respondents 4 to 10 and other persons from entering the unit of waste disposal plant obstructing the vehicles entering into the unit apart from other reliefs.2. meanwhile, the writ petition no. 3637/2012 came to be filed as public interest litigation complaining the improper action on the part of the corporation of kollam, in establishing solid waste disposal plant at a place where two temples are situated and it is claimed that if the unit is allowed to work, the sentiments of the devotees would be hurt, as the improper functioning of the waste disposal unit would w.p.(c) no. 26487 of 2011 2 allow the garbage and other materials from the dumping yard to enter the temple premises, including polluting the temple pond and the well. according to the corporation, the solid waste treatment plant was constructed and completed by the end of 2010 in the site in question and on account of the resistance from the respondents, the unit remains unused as there is stoppage of movement of vehicles bringing solid waste to the unit. according to them, after spending huge money, in the construction of the plant and the installation of the machinery, unless the plant, which is essential for the functioning of the waste treatment plant, is allowed to be put up, the proper functioning of the solid waste treatment plant cannot be achieved, therefore they need the police protection.3. during the pendency of the above writ petition, resistence from the public as contended in the public interest litigation is mainly on the ground that on account of improper management of the unit, the waste from the unit is allowed to enter the temple premises, ponds, wells and also the lake which is adjacent to the temple is getting polluted, resulting in destruction of aqua life and environment in and w.p.(c) no. 26487 of 2011 3 around the said lake.4. as we note the strong resistence from the public, especially complaining improper administration and management of the waste disposal unit, we are of the opinion, if a committee headed by district judge, kollam, who is the chair person of district legal services authority is constituted, having experts and other important officials from the relevant departments of the government and the corporation, who would be able to hear the corporation and also the residents, who are resisting the solid waste disposal unit to be commenced, to find ways and means, how best the public money already utilised and invested in the unit should not be wasted and also how the grievances of the public and the devotees of the temple are to be redressed, no justice could be done in the matter.5. therefore, we constitute a committee to look into the ways and means for proper functioning of the solid waste disposal unit of the corporation of kollam and so also to suggest how the grievances of the public have to be redressed, especially the complaint of polluting the lake and w.p.(c) no. 26487 of 2011 4 water in and around the solid waste unit. accordingly, we constitute the committee consisting of the following members:1. district judge, kollam (chair person), district legal services authority) 2. district collector, kollam.3. secretary, corporation of kollam.4. environmental engineer, kerala state pollution control board , kollam 5. dr. ajith haridas, head environmental technology section csir-nift, thiruvananthapuram.7. sri.dileep kumar . m. (director, solid waste management suchithwa mission, thiruvananthapuram). the committee, headed by the district judge, kollam is directed to submit a detailed report regarding advantages and disadvantages of the present unit and also the ways and means to redress the grievances of the public. the registry is directed to intimate the concerned committee along with a copy of this order. the committee is directed to complete the above exercise within three months from today. w.p.(c) no. 26487 of 2011 5 post along with w.p.(c) no. 3637/2012. manjula chellur (acting chief justice) a.m.shaffique ( judge) rka
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE14H OCTOBER2011/ 22ND ASWINA1933WP(C).No. 26487 of 2011(I) ----------------------- PETITIONER : --------------------- CORPORATION OF KOLLAM, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE KOLLAM, KOLLAM. BY ADV. SRI.M.K.CHANDRA MOHAN DAS, SC RESPONDENT(S): ------------------------- 1. THE CITY POLICE COMMISSIONER, KOLLAM-691 001.

2. THE CIRCLE INSPECTOR OF POLICE, KOLLAM WEST CIRCLE, KOLLAM-691 001.

3. THE SUB INSPECTOR OF POLICE, KOLLAM WEST POLICE STATION, KOLLAM-691 001.

4. MANUSHYAVAKASHA PARISTHITHI SAMRAKSHANA SAMITHY-REGN.NO.Q2211, KUREEPUZHA, KAVANADU POST, KOLLAM-3, REPRESENTED BY ITS SECRETARY MR.MANALIL K SANTHOSH.

5. N.SATHYAPALAN, PRESIDENT, MANUSHYAVAKASHA PARISTHITHI SAMRAKSHANA SAMITHY- REGN.NO.Q2211, KUREEPUZHA, KAVANADU POST, KOLLAM-3, RESIDING AT "AATHIRA BHAVANAM", MG NAGAR17 KUREEPUZHA, KAVANADU POST, KOLLAM-3.

6. KIRAN P.SHAH, "KALIKA", KUREEPUZHA, KAVANADU POST, KOLLAM-3.

7. SAHADEVAN, KOCHUVEETTIL KIZHAKETHIL, KUREEPUZHA, KAVANADU POST, KOLLAM-3.

8. PRITHVIRAJ.N., "RAJALAYAM", KUREEPUZHA, KAVANADU POST, KOLLAM-3. ...2/- WP(C).No. 26487 of 2011(I) -2- 9. SANALKUMAR, "GOKULAM", KUREEPUZHA, KAVANADU POST, KOLLAM-3.

10. SREEKUMAR, VADAKKE MARAKAZHAYATH, KUREEPUZHA, KAVANADU POST, KOLLAM-3. R1 TO R3 BY GOVT. PLEADER SMT. K.T. LILLY R4 TO R6, R8 TO R10 BY ADV. SMT.SARITHA DAVID CHUNKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1410/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/- WP(C).No. 26487 of 2011(I) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE COMPLAINT DTD. 29.9.2011 SUBMITTED BY THE PETITIONER CORPORATION TO THE RESPONDENTS1TO3EXT.P2 : TRUE COPY OF THE CONSENT TO OPERATE DTD. 30.12.2008 FROM THE KERALA STATE POLLUTION CONTROL BOARD. EXT.P3 : TRUE COPY OF THE LETTER DTD. 3.10.2011 SUBMITTED BY THE PETITIONER TO THE DISTRICT COLLECTOR AS WELL AS THE DISTRICT MEDICAL OFFICER, THE DEPUTY DIRECTOR OF EDUCATION AND THE1T RESPONDENT. EXT.P4 : TRUE COPY OF THE NEWS REPORT PUBLISHED IN MALAYALA MANORAMA DAILY ON210.2011 RESPONDENT'S EXHIBITS : EXT.R4(a) : COPY OF LETTER NO. 1519/A3/KCZMA DT. 13.09.2011 BY THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY TO THE SECRETARY, KOLLAM CORPORATION. EXT.R4(b) : COPY OF LETTER DT. 22.7.2011 BY THE KERALA STATE POLLUTION CONTROL BOARD SENT TO THE4H RESPONDENT. EXT.R4(c) : COPY OF NEWSPAPER REPORT IN MALAYALA MANORAMA DAILY DT. 3.10.2011. EXT.R4(d) COPY OF NEWSPAPER REPORT IN MALAYALA MANORAMA DAILY DT. 9.10.2011. //TRUE COPY// P.S. TO JUDGE Mn MANJULA CHELLUR (Ag.CJ) & A.M.SHAFFIQUE, J.

---------------------------------------------------- W.P.(C) No. 26487 of 2011 --------------------------------------------------- Dated this the 5th the day of July, 2012 ORDER

MANJULA CHELLUR (Ag.CJ) This writ petition came to be filed by the Corporation of Kollam seeking certain directions, especially to issue a writ of mandamus directing respondents 1 to 3, to grant effective, proper and adequate police protection to the life and property of the employees of the Corporation and also to prevent respondents 4 to 10 and other persons from entering the unit of Waste Disposal Plant obstructing the vehicles entering into the unit apart from other reliefs.

2. Meanwhile, the Writ Petition No. 3637/2012 came to be filed as Public Interest Litigation complaining the improper action on the part of the Corporation of Kollam, in establishing solid waste disposal plant at a place where two temples are situated and it is claimed that if the unit is allowed to work, the sentiments of the devotees would be hurt, as the improper functioning of the waste disposal unit would W.P.(C) No. 26487 of 2011 2 allow the garbage and other materials from the dumping yard to enter the temple premises, including polluting the temple pond and the well. According to the Corporation, the solid waste treatment plant was constructed and completed by the end of 2010 in the site in question and on account of the resistance from the respondents, the unit remains unused as there is stoppage of movement of vehicles bringing solid waste to the unit. According to them, after spending huge money, in the construction of the plant and the installation of the machinery, unless the plant, which is essential for the functioning of the waste treatment plant, is allowed to be put up, the proper functioning of the solid waste treatment plant cannot be achieved, therefore they need the police protection.

3. During the pendency of the above writ petition, resistence from the public as contended in the public interest litigation is mainly on the ground that on account of improper management of the unit, the waste from the unit is allowed to enter the temple premises, ponds, wells and also the lake which is adjacent to the temple is getting polluted, resulting in destruction of aqua life and environment in and W.P.(C) No. 26487 of 2011 3 around the said lake.

4. As we note the strong resistence from the public, especially complaining improper administration and management of the waste disposal unit, we are of the opinion, if a Committee headed by District Judge, Kollam, who is the Chair Person of District Legal Services Authority is constituted, having experts and other important officials from the relevant Departments of the Government and the Corporation, who would be able to hear the Corporation and also the residents, who are resisting the solid waste disposal unit to be commenced, to find ways and means, how best the public money already utilised and invested in the unit should not be wasted and also how the grievances of the public and the devotees of the temple are to be redressed, no justice could be done in the matter.

5. Therefore, we constitute a committee to look into the ways and means for proper functioning of the solid waste disposal unit of the Corporation of Kollam and so also to suggest how the grievances of the public have to be redressed, especially the complaint of polluting the lake and W.P.(C) No. 26487 of 2011 4 water in and around the solid waste unit. Accordingly, we constitute the committee consisting of the following members:

1. District Judge, Kollam (Chair person), District Legal Services Authority) 2. District Collector, Kollam.

3. Secretary, Corporation of Kollam.

4. Environmental Engineer, Kerala State Pollution Control Board , Kollam 5. Dr. Ajith Haridas, Head Environmental Technology Section CSIR-NIFT, Thiruvananthapuram.

7. Sri.Dileep Kumar . M. (Director, Solid Waste Management Suchithwa Mission, Thiruvananthapuram). The Committee, headed by the District Judge, Kollam is directed to submit a detailed report regarding advantages and disadvantages of the present unit and also the ways and means to redress the grievances of the public. The Registry is directed to intimate the concerned Committee along with a copy of this order. The committee is directed to complete the above exercise within three months from today. W.P.(C) No. 26487 of 2011 5 Post along with W.P.(C) No. 3637/2012. MANJULA CHELLUR (ACTING CHIEF JUSTICE) A.M.SHAFFIQUE ( JUDGE) rka