Kerala High Court
Niyamakendram, Blue Mount Buildings, ... vs Secretary, Corporation Of Kochi, ... on 10 January, 1997
Equivalent citations: AIR1997KER152, AIR 1997 KERALA 152
ORDER K. Narayana Kurup, J.
1. Our nation framed its innovative and creative use of dung has now become producers of the dengue. The epidemic that recently took a heavy toll of precious lives in Surat which was soon followed by deaths caused by the dengue carrying mosquitoes of Delhi should serve as ominous portents of what is in store for us, Kochinites in Kerala. Kochi is no doubt famous for its backwaters and legoons -- it is equally notorious for its nasty gutters and stagnant ponds which breeds mosquitoes in plenty. The mosquito is no respector of persons and has been indiscriminated in striking the rich and the poor, the learned and the laity, the young and the old, the pretty and the ugly, alike.
2. Much could be done by a responsible Local Authority (Corporation) by taking affirmative action on a time-bound basis to mitigate the hardship of the people. However, there is no indication that any tangible action has been programmed to combat the mosquito menace by tackling it on a war footing. The official reaction is one of lethargy and inaction and false assumption that they have only powers and no duties. Added to this is the saddening fact that the Corporation has financial crunch. But it must be remembered that a responsible local body constituted for the purpose of preserving public health cannot run away from its duty by pleading financial inability (vide Krishna Iyer, J. in Ratlam Municipality v. Vardhichand, AIR 1980 SC 1622). In the above backdrop, this court is of the firm opinion that it should step in and find out ways and means to bale out the Corporation out of its present precarious position in order to protect the health of the citizens which has been declared by the Apex Court as a part of fundamental right to life and liberty of every person. By doing so, I am quite aware of the fact that I will be exposing myself to the charge that the Court has assumed the role of a "garbage supervisor", but the brunt of that cross is worth bearing, having regard to the ultimate benefit it may bring to the people. It is high time to remind the public authorities to shed their ego about the court verdicts passed in public interest which must be accepted in the right spirit bearing in mind the paramount consideration of the health and well being of the people as imperatively implicit in the right to life guaranteed under Article 21 of the Constitution.
3. In the light of the aforesaid discussion, I am satisfied that a stage has come for this Court to abnegate its role as an umpire and to enter the play ground assuming the role of a salutary player to protect human righs. Accordingly, I call upon the various institutions, establishments and organisations who arc impleaded as respondents in this original petition to come forward and make generous, practical and humanist contributions to the "Mosquito Control Programme" of the High Court of Kerala by crossed cheque, Demand Draft, the proceeds of which will be utilised for spraying chemicals, purchase of pesticides, machines, etc., etc. in co-operation with the Corporation. Shri P. Vijaya Bhanu, Advocate of this Court is appointed as the Special Officer who will co-ordinate the operation by keeping liason with the various authorities and institutions. Shri C.E. Unnikrishnan and Shri Noble Mathew, Advocates will assist him. The cheques and Demand Drafts shall be drawn in favour of the "Mosquite Control Programme" of the High Court of Kerala and presented to the .above mentioned Special Officer appointed in that regard. In order to ensure complete transperancy in the conduct of operation, Shri C. Mohan, Chartered Accountant, M/s. Balan & Balan, Ernakulam is appointed to scrutinise the accounts. The media, it is hoped will give adequate coverage to this programme so that individuals and institutions who are not impleaded as yet will get an opportunity to make their contribution to this venture.
4. It is heartening to note that M/s. Tata Tea Ltd. has come forward to make the public cause a grant success by promising a contribution of a sum of Rs. 4 lakhs and others, I am sure, will follow because public health is the basic condition on which right to life and developmental activities in the city and elsewhere can flourish.
Hand over a copy of this order to the learned counsel of the various respondents today itself and fax a copy of this order; to the other respondents who are not represented by counsel forthwith at Court expense.