RENJITH K.R. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a Public Interest Litigation filed by a person said to be interested in public activities, and a social worker seeking the following reliefs:

(2.) According to the petitioner, metropolitan cities like Thiruvananthapuram and Kochi are alarmingly infested with the menace of mosquitoes, which causes fatal diseases like dengue fever, malaria, elephantiasis and such other infectious diseases. However, the Government as well as the Local Self Government Institutions, having bounden duties to ensure that people are living in a healthy atmosphere as is enshrined in Article 21 of the Constitution of India, have not taken any action to eradicate the mosquitoes and further that they are not discharging the duties in terms of the provisions of the Municipalities Act , 1994. The petitioner has also produced Exts.P1 to P6, P8 and P9 newspaper reports to substantiate the contentions that day-by-day the menace of mosquitoes is increasing and the people are facing various difficulties consequent to the diseases occurring therefrom.

(3.) A statement is filed by the Thiruvananthapuram Corporation stating that it has given importance for the implementation of the Anti Mosquito Programmes of the Corporation. The Corporation is in the implementation of the Mosquito Eradication Programme and sufficient workers are deployed in each ward of the Corporation to eradicate the mosquito menace by destroying the larva of the mosquitoes and thereby, attempts were being made to eradicate and wipe out the breeding of mosquitoes at source. It is also submitted that various persons were reported to have been suffering from the attack of Dengue fever, out of which 416 persons were residing within the limits of the Thiruvananthapuram Corporation, and several persons died due to the same, which includes persons residing within the Corporation limits. However, on the basis of the reports from the Health Department of the Corporation, effective steps were taken in July, 2013 for eradicating mosquitoes at source. Moreover, it has also taken effective steps under the supervision of the concerned Health Inspectors of each ward for spraying and fogging and the Secretary of the Corporation was evaluating the steps taken by the Health Inspectors weekly. That apart, several awareness programmes were initiated among the public to understand the health hazards due to the breeding of the mosquitoes. It is also pointed out that it has taken active steps to eradicate the menace with the help, co- operation and assistance of various Residents' Associations and it also undertakes that every year before the onset of the Monsoon, effective steps are taken for the destruction of mosquitoes at source.