SURYA GARDENS RESIDENTS ASSOCIATION Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner, a Residents Association, functioning within the limits of the Thrissur Municipal Corporation.

(2.) Brief material facts of the disposal of writ petition are as follows: The buildings of the Residence Association is situated on the northern side of the Cherumukku Temple and on the eastern side of the property under the Detailed Town Planning scheme of the 2nd respondent sanctioned by the Government. More than hundred houses are situated in the housing colony and the owners and occupiers of the said houses are members of the petitioner Association. As per the scheme launched by the Government dated 13.10.2003, the land in question is permitted to be used for all the residential, commercial, public and semi-public utility services. However, the Corporation of Thrissur has taken a decision to proceed with the dumping of waste at Kovilakathupadam where the members of the petitioner Association are residing to add to the injury and agony faced by them and if the waste is permitted to be dumped in the area in question it will cause serious prejudice to the residents. It is thus seeking appropriate reliefs, this writ petition is filed.

(3.) Petitioner has also submitted Ext.P4 before the Secretary of the Municipal Corporation, which is dated 12.01.2010, however, no action was taken by the Secretary, is the grievance of the petitioner. The 4th respondent has filed a detailed counter affidavit refuting the allegations and claims and demands raised by the petitioner. Various contentions are raised including the aspect that the residential houses are constructed filling up the paddy fields and that is the reason why water logging is occurring in the area and the Corporation has no intention to dump any waste in the area as is alleged by the petitioner.