SUBASH Vs. THE DISTRICT COLLECTOR AND OTHERS

JUDGEMENT

(1.) All these cases essentially concern the storm water drainage system maintained by the Chottanikkara Grama Panchayat. All these proceedings began when complaints were raised by the residents of the locality, staying nearby this drainage system, that various hotels owned by the private individuals and the establishments owned by the Cochin Devaswom Board under the aegis of the Chottanikkara Temple, were draining and dumping waste water, solid waste and even septage, to these drains in violation of the provisions of the Kerala Panchayat Raj Act.

(2.) We have heard Smt. Pushpalatha, Sri. B.Krishna Mani and Sri. C.S.Ajith Prakash, the learned counsel appearing for the various petitioners; Sri. P.B.Sahasranaman, learned Amicus Curiae; Sri. P. Ramachandran, learned Advocate Commissioner; Sri. S.Sreekumar, learned Senior Counsel assisted by Sri. Martin, appearing for the Chottanikkara Grama Panchayat; Sri. M.Ajay, learned Standing Counsel for the Pollution Control Board; Sri. Viju Abraham, learned counsel appearing for the party respondents and Sri. K.P.Sudheer, learned Standing Counsel for the Cochin Devaswom Board.

(3.) We notice that, initially such complaints caused the Secretary of the Grama Panchayat to issue a memo dated 14.11.2011 to the Executive Officer of the Devaswom Board asking him to shut down all the drain pipes alleged to have been created by the Devaswom Board into the PWD drainage system maintained by the Grama Panchayat, so as to abate the nuisance of waste water and solid waste discharge into it. A copy of the said letter has been appended as Annexure I in DBA No. 56/2011.