HIGHWAY GARDENS DRIVE LTD Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, which is stated to be a private limited company incorporated under the provisions of the Companies Act, 1956, has approached this Court seeking that apposite directions be issued to respondents 2 and 3, who are the police officers in charge of the area where their property is situated, to afford them protection from respondents 4 to 7, who are stated to be the neighbours of the said property and who are alleged to have created obstruction in a drainage channel between the petitioner's property and PWD drain. The petitioner says that the action of the respondents 4 to 7 are illegal and, therefore, that the police have a duty to ensure that such obstructions are removed, especially, taking into account the public health and sanitation issues involved.

(2.) We have heard Sri. K.C. Vincent, the learned counsel appearing on behalf of the petitioner; Sri. Muhammed Al Rafi, the learned counsel appearing for the respondents 4 to 7; Sri. V. S. Sreejith, the learned standing counsel for the Corporation of Kochi and the learned Government Pleader appearing for the respondents 1 to 3.

(3.) We notice that a counter affidavit has been filed on behalf of the respondents 4 to 7, wherein they say that though they have not physically or forcefully obstructed the underground drainage pipe installed by the petitioner, the attempt of the petitioner is to drain out septic waste as well as untreated water from their Sewage Treatment Plant [STP for short] into the public drainage system under the guise of rain water. They have averred in their counter affidavit that the petitioner has engaged in such illegal activities in the past also and therefore, that the present prayer, though phrased innocuously, may not be granted because, if any such permission is given to them, they will continue to drain out untreated and toxic water into the public drain maintained by the PWD.