SUMITH T P Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the Secretary of Janakeeya Parisara Raksha Samithi, Moorikkovval - Edakkovval functioning at Moorikkovval, within the limits of Payyannur Municipality. He has filed this Writ Petition for and on behalf of himself and on behalf of the members of the general public in Moorikovval area. Respondents 2 to 5 are respectively, Payyannur Municipality, its Chairperson, its Vice Chairman, and the Health Inspector. Respondent No. 6 is the District Collector, Kannur. Respondent No. 7 is the Kerala State Pollution Control Board and the 8th respondent its Environmental Engineer. Additional respondents 9 to 19 got themselves impleaded stating that they are interested in the outcome of the Writ Petition.

(2.) PETITIONER has prayed for a writ of mandamus directing respondents 2 to 5 to refrain from dumping or burning waste materials in Moorikovval ground and for a further direction to prevent all types of pollution on account of the dumping or disposal of waste materials in Moorikovval ground. The third prayer made in the Writ Petition is for a direction to the said respondents to take appropriate action for opening a scheme for decentralised project for disposal of waste after identifying sufficient number of plots within and without the Municipality after proper notification.

(3.) PETITIONER has stated that it is quite possible to resolve the problem by imaginative implementation of waste management technics. He would suggest that the Municipality should accept the idea of de-centralised procedure for management of the garbage, that is to say, to the extent possible, measures should be taken to dispose of the waste, right at the places where those are formed. Instead of taking the entire waste from all parts of the Municipality and other places outside the Municipality to a single ground, steps should be taken to identify and notify sufficient number of places and grounds for the purpose of disposal of waste and for the purpose of conversion of the waste into bio-fertilizer. The non de-composing materials like plastics should be separated. Petitioner would submit that identification of sufficient number of proper places for disposal of the waste is a duty cast on the Municipalities by S.331 of the Kerala Municipality Act, hereinafter referred to as the Act. Identification of such places shall be done taking into account the environmental impact, human inhabitance, etc. But respondents 2 to 5 have not made even an attempt to solve the problem inspite of the statutory provisions compelling them to do so. Petitioner has referred to S.326 of the Act which casts a duty on the Municipality to arrange for the removal of rubbish, solid and filth and to effectuate that purpose to provide (i) depots, receptacles and places for the deposit of filth, rubbish and the carcasses of animals. He also refers to sub-s. (2) of the aforesaid provision which says that the Secretary shall find out adequate provision for preventing the depots, places, receptacles, dustbins, vehicles and vessels referred to in sub-s. (1), from becoming sources of nuisance.