PAULSON PETER Vs. P.A. PIUS

JUDGEMENT

(1.) THE petitioner in W.P(C) No. 20842 of 2008 has filed this Contempt Case alleging that the respondent herein, who is the Secretary of Kottayam Municipality, has deliberately failed to comply with the undertaking given to this Court as recorded in Annexure A1 judgment.

(2.) THE petitioner, who is a resident of Vadavathoor in Vijayapuram Grama Panchayat of Kottayam district, had filed W.P(C) No. 20842 of 2008 seeking a direction to the Kottayam Municipality to shift the Municipal waste dumping yard from Vadavathoor to another appropriate place. He had also sought a direction to the Kottayam Municipality to strictly comply with the provisions of the Kerala Municipal Solid Waste (Management and Handling) Rules, 2000 and a direction to the District Collector, Kottayam to monitor the dumping and processing of waste by the Kottayam Municipality in the Municipal waste dumping yard at Vadavathoor. W.P(C) No. 20842 of 2008 was heard and disposed of along with a connected writ petition, W.P(C) No. 24243 of 2008.

(3.) WHEN W.P(C) No. 20842 of 2008 came up for hearing on 22.10.2008, the learned Counsel appearing for the Kottayam Municipality submitted that the additional land acquired (1.30 acres) for dumping waste materials which cannot be converted into manure, will be made available immediately and that the Municipality is confident of completing the erection/installation and commissioning of the second plant within six months. In the light of the said submission this Court disposed of W.P(C) No. 20842 of 2008 and W.P(C) No. 24243 of 2008 recording the submission of the Municipality that a waste disposal plant has already been erected and commissioned and that a second plant would be erected and commissioned within six months. The Municipality was also directed to adhere to and comply with all statutory mandates as provided under the Rules in the establishment of the plant and to ensure that the plants do work properly, without causing any pollution in the area.