SHANEESH.U Vs. STATE OF KERALA

JUDGEMENT

(1.) Instant public interest litigation is filed for a mandamus directing the respondents to remove the accumulated and stacked waste in Koothuparamba Municipality and within its jurisdictional areas. Further direction is sought for directing the said municipality to ensure that the 7th respondent does not in future, collect waste and accumulate the same in open spaces and to cancel his contract with the municipality, in the event of the 7th respondent collecting waste in detriment to the health of the residents of the municipality.

(2.) Material on record discloses that on the complaint of the writ petitioner, action was taken under Sections 440 and 447 of the Kerala Municipality Act,1994. After giving sufficient opportunity to the 7th respondent, on the reports as regards stacking of waste on road side and places adjacent to the writ petitioner, trade licence granted to the "Sreeram Bottles" (7th respondent) has been cancelled vide proceedings in H1-4875/19, Kuthuparamba dated 17.09.2019 of the 7th respondent has been directed to remove all the Municipality. accumulated waste in the road side and land within 48 hours and to report the same to the Secretary, Kuthuparamba Municipality (Respondent No.3). For brevity, proceedings dated 17.9.2019 of the Secretary of the Kuthuparamba Municipality is reproduced :

(3.) Material on record further discloses that the Executive Environmental Engineer, Pollution Control Board, has inspected the subject site on 19.11.2019 and observed thus: