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Kerala High Court

Renjith G Thampy vs Ginumol Varughese on 7 April, 2025

WPC 18629/2019 &
Cont. Case (C) 2529/2019        -:1:-
                                                  2025:KER:29690
                                                          "C.R."

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

        THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR

                                  &

                 THE HONOURABLE MR. JUSTICE S.MANU

   MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947

                       WP(C) NO. 18629 OF 2019
PETITIONER:

          RANJIT G.THAMPY, AGED 54 YEARS,
          RESIDING AT PANACHAYIL, CHITOOR ROAD,
          ERNAKULAM-682 035.

          BY ADVS.SRI.K.JAJU BABU (SR.),
                  SMT.M.U.VIJAYALAKSHMI,
                  SRI.ASADU AHMMED CHULLINTE.



RESPONDENTS:

    1     GREATER COCHIN DEVELOPMENT AUTHORITY
          KADAVANTHRA, COCHIN-682 020,
          REPRESENTED BY ITS SECRETARY.

    2     CORPORATION OF COCHIN
          BOARD JETTY ROAD, ERNAKULAM-682 011,
          REPRESENTED BY ITS SECRETARY.

    3     THE COMMISSIONER OF POLICE
          KOCHI CITY, ABDUL KALAM MARG,
          MARINE DRIVE, ERNAKULAM-682011.

    4     THE DISTRICT COLLECTOR
          CIVIL STATION, ERNAKULAM-682 030.
 WPC 18629/2019 &
Cont. Case (C) 2529/2019      -:2:-
                                                 2025:KER:29690


            R1 BY ADVS. SRI. VIPIN P.VARGHESE
                        SRI. ADARSH MATHEW(KAR/2577/2015)
                        SRI. KEVIN MATHEW GEORGE(K/1431/2020)
                        SMT. MEERA ELSA GEORGE(K/001893/2021)
                        SMT. MERLINE MATHEW(K/001279/2022)

            R2 BY ADVS. SRI.NANDAGOPAN S. NAIR
                  FOR ADV. SRI.D.G. VIPIN

            R3-R5 BY SENIOR GOVT.PLEADER SRI. V. TEKCHAND
            BY ADV. SRI. T.NAVEEN, SC, KERALA STATE POLLUTION
                                            CONTROL BOARD,
            BY ADV. SRI. LIJU V.STEPHEN, AMICUS CURIAE


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.03.2025, ALONG WITH CONT. CASE(C). NO.2529/2019, THE
COURT ON 07.04.2025 DELIVERED THE FOLLOWING:
 WPC 18629/2019 &
Cont. Case (C) 2529/2019        -:3:-
                                                   2025:KER:29690


             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

         THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR

                                 &

                 THE HONOURABLE MR. JUSTICE S.MANU

   MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947

                    CON.CASE(C) NO. 2529 OF 2019
      [AGAINST THE ORDERS DATED 15.07.2019, 09.08.2019 &
     14.08.2019 IN WP(C) NO.18629 OF 2019 OF THIS COURT.]

PETITIONER/PETITIONER:

             RENJITH G.THAMPY, AGED 54 YEARS,
             S/O. LATE P.V. THAMPY,
             RESIDING AT PANACHAYIL, CHITTOOR ROAD,
             ERNAKULAM-682035.

             BY ADVS. SRI. K. JAJU BABU (SR.),
                      SRI. BRIJESH MOHAN,
                      SRI. R. RAJPRADEEP.


RESPONDENTS:

     1       SMT. GINUMOL VARUGHESE,
             AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
             SECRETARY-IN-CHARGE, GREATER COCHIN DEVELOPMENT
             AUTHORITY, KADAVANTHARA, KOCHI-682020.

     2       SMT. ANU R.S.,
             AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
             SECRETARY, CORPORATION OF COCHIN, BOAT JETTY ROAD,
             ERNAKULAM-682011.

             R1 BY ADVS. SRI. VIPIN P.VARGHESE
                         SRI. ADARSH MATHEW(KAR/2577/2015)
 WPC 18629/2019 &
Cont. Case (C) 2529/2019         -:4:-
                                                   2025:KER:29690

                           SRI. KEVIN MATHEW GEORGE(K/1431/2020)
                           SMT.MEERA ELSA GEORGE(K/001893/2021)

            R2 BY ADVS. SRI. V. NANDAGOPAN S.NAIR
                        SRI. D.G. VIPIN


     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.03.2025, ALONG WITH WP(C).NO.18629/2019, THE
COURT ON 07.04.2025 DELIVERED THE FOLLOWING:
 WPC 18629/2019 &
Cont. Case (C) 2529/2019          -:5:-
                                                           2025:KER:29690

                                                                 "C.R."
                           JUDGMENT

Dated this the 7th day of April, 2025.

Nitin Jamdar, C. J.

These proceedings pertain to Kochi Marine Drive Walkway. This promenade on the banks of Vembanad Lake at the western end of Ernakulam town is used by the residents for recreation and fitness purposes. The Petitioner, a resident of Kochi, distressed by the deteriorated condition of the walkway, filed the writ petition in the public interest. Several interim orders were passed in these proceedings. The learned counsel for the parties jointly submit that the situation has now improved from the time when the proceedings were instituted five years ago, and a closure is now required in these petitions. We are, however, of the opinion that a monitoring mechanism is required to be set up to sustain the momentum.

2. W.P.(C) No. 18629 of 2019 was filed on 4 July 2019 for a direction to the Respondents to take immediate measures for the proper care and upkeep of the Kochi Marine Drive. Respondent No.1 in the Writ Petition is the Greater Cochin Development Authority (GCDA) through its Secretary, Cochin. Respondent No.2 is the Corporation of Cochin (Municipal Corporation) through its Secretary. Respondent No.3 is the Commissioner of Police, Kochi City. Respondent No.4 is the District Collector, Ernakulam.

WPC 18629/2019 & Cont. Case (C) 2529/2019 -:6:- 2025:KER:29690

3. The Petitioner had sought to highlight the deplorable condition of Marine Drive in Kochi city. The Petitioner sought to place before the Court the state of affairs as it existed then. There was severe water logging in different parts of the walkway during the rainy season on the edge of backwaters due to improper laying of tiles and lack of proper drainage system. The tiles were unevenly laid making it difficult and dangerous to use the walkway. Most of the garden benches are damaged. Half of the lights in the walkway were not working, resulting in the walkway being used for antisocial activities. Waste was being dumped into the backwaters by individuals and residents of the apartment complexes. Sewage water from the flats was being let out to the backwaters. The walkway was taken over by small-time vendors, blocking its use by the public. Granite slabs put by the GCDA were broken and in a pathetic condition. A boat-shaped structure, built in the middle of the walkway, which was supposed to be used as a restaurant, was in a dilapidated state. This was the condition when the Petition was filed in the year 2019.

4. The Division Bench of this Court took note of these maladies and by order dated 9 July 2019, admitted the Writ Petition and issued notice to the Respondents. On 15 July 2019, after hearing the learned counsel for the parties and considering the urgency with which steps would have to be taken, the Division Bench directed Respondent No.3 - Commissioner of Police, Cochin, to immediately deploy adequate police WPC 18629/2019 & Cont. Case (C) 2529/2019 -:7:- 2025:KER:29690 personnel to maintain round the clock vigil over the walkway so as to ensure that there are no antisocial activities and waste dumping in the area. The Respondent No.2 - Municipal Corporation, was directed to immediately ensure that the walkway is adequately illuminated through the restoration of the lighting facility, to discourage antisocial activities. The Municipal Corporation was also directed to ensure that there is no unauthorized dumping of waste in the area. If any instance of unauthorized dumping of waste comes to the notice of the Corporation, it was directed to report the same to the police, who would then take prompt action to book the offenders. The GCDA was directed to file an affidavit indicating the steps proposed to be taken by them for the maintenance and continued upkeep of the walkway at Marine Drive and the time frame for the said measures.

5. An affidavit was filed by Respondent No.1 - GCDA on 2 August 2019, stating that the GCDA has proposed an entertainment hub in a Private Public Participation (PPP) for the renovation, maintenance and enhancement of the facilities of Marine Drive. During this time, Cochin Smart Mission Limited (CSML) had approached the GCDA with their project to improve accessibility and introduce various activities in the area. It was also stated that the GCDA was handling the maintenance and continued upkeep of the old walkway and strict conditions were included in the contract regulations for collection of waste and its timely removal by the merchants in the walkway, parking contractors, allottees WPC 18629/2019 & Cont. Case (C) 2529/2019 -:8:- 2025:KER:29690 of the Maidan and other establishments which use the Maidan; penal provisions were included and would be charged on the defaulters who are not strictly obeying the contract conditions regarding the collection of wastes and its timely removal; and notices were given to strictly obey the contract conditions regarding the collection of wastes and its removal. It was also stated that upon completion of the projects undertaken for the maintenance of the walkway and installation of streetlights, the waste will be collected and disposed of, its timely removal will be strictly ensured, and security arrangements will be strengthened.

6. The Division Bench, on 9 August 2019, referred to the order dated 15 July 2019 and the reply affidavits filed, and once again reiterated the issues that needed to be addressed. The issues that required immediate resolution, as indicated by the police authorities, included proper lighting, installation of CCTV cameras, repair, re-fixing and replacement of damaged tiles, addressing water logging, repairing damaged benches, erecting signage and warning boards, and providing toilet facilities. The Division Bench expressed displeasure with the GCDA for the evasive stand on maintenance and upkeep of the walkway. The Municipal Corporation had not filed an affidavit responding to the averments in the Writ Petition. The Division Bench noted that the GCDA and the Municipal Corporation were shifting responsibilities to each other. Faced with this situation, and with a view to ensuring that immediate steps were taken for the maintenance and upkeep of the walkway so as to WPC 18629/2019 & Cont. Case (C) 2529/2019 -:9:- 2025:KER:29690 render it usable by the general public, the Division Bench directed the Secretaries of the GCDA and the Municipal Corporation to attend the next date of hearing.

7. When the Petition came up for consideration on 14 August 2019, the Secretaries of the Municipal Corporation and the GCDA, who were present, stated that while most of the repair works would form part of the Cochin Smart City Project, which is underway and is expected to be executed within a period of one year, urgent works to render the walkway usable can be undertaken by the GCDA within a specified time frame. They also assured that the lighting of the entire walkway will be effected within two weeks. As regards the clearing of waste and cleaning of bushes and wild growth, it is stated that steps have already been put in place to ensure cleaning/waste disposal. As regards the repairing of benches, installation of CCTV cameras, and re-fixing and replacing of damaged tiles along the walkway, the Secretary of the GCDA stated that those works will be completed within six weeks and will ensure that the GCDA will explore the possibility of installing eco-friendly toilets with the help of sponsors. As regards the street vendors, it was pointed out that the Municipal Corporation had not issued any licence for vending on the Marine Drive walkway, and therefore, the vendors are doing so unauthorizedly. The Division Bench directed the police authorities to ensure that the walkway is kept clear of street vendors with immediate effect. The assurance given by the Secretary of the Municipal WPC 18629/2019 & Cont. Case (C) 2529/2019 -:10:- 2025:KER:29690 Corporation that the construction site of the Corporation building would be isolated from the walkway by installing appropriate screens within a week was also recorded. Thereafter, to ascertain the progress of the work undertaken by the GCDA and the Municipal Corporation, the matter was posted to 3 October 2019.

8. On 29 July 2019, Respondent No.3 - the Inspector General of Police, filed a statement, wherein it was stated that necessary legal action would be taken against the persons who attempt to dump waste in the area. It was stated that police beats would be set up to ensure that stringent action is taken against the antisocial elements and to stop criminal activities in the area. The Pink Patrol was directed to conduct patrolling in the aforesaid area and to take preventive measures against the activities like eve-teasing and crimes against women. A police aid post would also be set up in the walkway. The Inspector General also stated that the directions in the order dated 15 July 2019 have been implemented and as a result, four crimes were registered in connection with the dumping and antisocial activities; forty numbers of general petty cases were detected; and notices were issued to the licensed bunk shops situated along the walkway to put dustbin/waste boxes for the proper collection of garbage and maintaining cleanliness.

9. The Division Bench by order dated 3 October 2019, appointed Adv. Mr. Liju V. Stephan as Amicus Curiae to assist the Court and issued certain directions. Pursuant to the said order, the learned Amicus Curiae, WPC 18629/2019 & Cont. Case (C) 2529/2019 -:11:- 2025:KER:29690 has submitted a detailed report dated 10 October 2019, in which the attention of the Court was drawn to various shortfalls.

10. Three interlocutory applications viz., I.A. Nos.1, 2 & 3 of 2019, came up for consideration before the Division Bench. One was for impleading certain interested parties as additional respondents. Second was for seeking acceptance of the reports. The third was for vacating the interim order granted by this Court on 14 August 2019. As regards the interlocutory application for impleadment filed by the street vendors, the Division Bench found that they were unauthorized, lacking valid licences and legal rights and, therefore, held that their application could not be entertained. It was held that since the order passed on 14 August 2019 was implemented, there was no question of vacating the same and the applications were disposed of.

11. On 1 December 2019, the Petitioner filed Cont. Case (C) No. 2529 of 2011 alleging that the Respondents have violated the orders passed by this Court on 15 July 2019, 9 August 2019, and 14 August 2019. According to the Petitioner, the reports submitted by the learned Amicus Curiae showed that the situation remained had unchanged and the Respondents had committed willful breach of the directions and the orders of this Court.

12. The Division Bench heard both the Writ Petition and the Contempt Petition together. Taking note of the contention of the WPC 18629/2019 & Cont. Case (C) 2529/2019 -:12:- 2025:KER:29690 Petitioner that the waste accumulated on the Marine Drive, Kochi, was not removed and the Effluence Treatment Plant has not been put up, the Division Bench issued certain directions in that regard. Further directions were issued on 16 December 2019, based on the report of the learned Amicus Curiae, that if the orders of this Court are not implemented, then the Secretaries of the GCDA and the Municipal Corporation will appear before the Court.

13. Pursuant to the direction issued by the Division Bench, an affidavit dated 1 January 2020 was filed by the Secretary of the GCDA in the Contempt Petition, setting out the steps taken on the report of the learned Amicus Curiae. It was stated that CCTV cameras were proposed by the Cochin Smart Mission Ltd. (CSML) in their project, more lights were added in the new walkway area, the GCDA has proposed another toilet block in the Marine Drive area and applied for building number from the Municipal Corporation, the work of relaying the tiles would start immediately before 6 January 2020, the damaged benches in the walkway are already removed, regular arrangements were made by the GCDA for clearing of the wild bushes and the work is ongoing on routine basis, regular cleaning is being done in the walkway to ensure cleanliness, steps have been initiated by the GCDA for connecting the Sewage Treatment Plant upon receiving applications for the same, and the GCDA has taken actions against the encroachments. WPC 18629/2019 & Cont. Case (C) 2529/2019 -:13:- 2025:KER:29690

14. An affidavit dated 6 January 2020 was also filed by the Secretary of the Municipal Corporation in the Contempt Petition, in which, it was stated that the Marine Drive included in the 67th division of the Kochi Municipal Corporation is under the management of the GCDA. It was also stated that appropriate screens were installed in the construction site of the Corporation building from the walkway. In compliance of the order in the Contempt Petition, the Municipal Corporation has removed the waste accumulated. It was also stated that the Corporation has complied with the interim orders of this Court.

15. Both the Contempt Petition and the Writ Petition were considered by the Division Bench. During the hearing on 9 January 2020, adverting to the stand taken by the Municipal Corporation and the GCDA, the Division Bench issued directions to ensure that the waste is removed from the apartment as well as the GCDA complexes on a day-to-day basis and the possibility of connecting the sewerage lines to the main sewerage line should be considered.

16. An affidavit was filed in the Contempt Petition on 23 January 2020 by the Secretary of the GCDA, stating that, as instructed, essential works had already been started on 6 January 2020 and are ongoing, to address the issue of broken tiles around two trees. It was also stated that skirting is done around the trees and is completed. The work of relaying of paving tiles was started and 80% is completed. The work of renovating WPC 18629/2019 & Cont. Case (C) 2529/2019 -:14:- 2025:KER:29690 the toilets has commenced by the GCDA and contracts were awarded. It was also stated that tenders were invited for the award of contracts to execute the projects, and efforts were being made to complete the remaining works in a phased manner.

17. Another affidavit was filed on 10 February 2020 by the Secretary of the Municipal Corporation, reiterating the statements made in the affidavit dated 23 January 2020. It was stated that essential works had commenced on 6 January 2020. The tiling work in the new walkway area, along with the skirting around two trees where tiles were damaged, was completed. The Contempt Petitioner has filed a reply to the affidavit filed by the Secretary of the GCDA placing on record photographs showing that the garbage still accumulated. Thereafter, additional documents were sought to be placed on record, including the newspaper reports. The Environmental Engineer of the Kerala State Pollution Control Board (KSPCB), additional Respondent No.5, has filed a report dated 5 March 2020 in the Writ Petition.

18. After these affidavits were filed and the last order was passed in the year 2020, these Petitions remained pending and were listed before us after a gap of five years, on 8 January 2025.

19. When these Petitions came up for consideration in January 2025, the learned counsel for the Petitioner pointed out that during these five years, there has been substantial progress as a result of the orders passed, WPC 18629/2019 & Cont. Case (C) 2529/2019 -:15:- 2025:KER:29690 which were adverted to the above. A memo dated 21 October 2024 was filed by the learned counsel for the Petitioner to that effect. Said memo reads as follows:

"1. The above Writ petition is filed to ensure restoration and continued upkeep of Marine Drive area which invariably is a tourist destination for every visitor of the Cochin city.
2. In view of the comprehensive directions issued by this Court in the above Writ Petition on 09.07.2019, 15.07.2019, 09.08.2019, 14.08.2019, 03.10.2019,

20.10.2019 and 09.01.2020 as also the affidavits filed by the respondents 1 and 2 on 10.02.2020 and 21.01.2020 regarding implementation of the directions as well as the reports submitted by the 5 th respondent on 06.03.2020 and amicus curiae on 18.02.2020, no further directions are required in the above Writ Petition at present.

3. It is, therefore, prayed that, in view of the directions of this Court mentioned above, which are being complied with by the respondents, this Court may be pleased to close the above Writ Petition with liberty to approach this Court if any situation arises in future."

Even the learned Amicus Curiae has agreed with this position. There are no other applications pending in these Petitions pointing out any contrary position.

20. We have considered the memo of the Petitioner and the joint request of the counsel for the parties. Though it is stated that there is satisfactory progress, continuous monitoring is required to maintain this WPC 18629/2019 & Cont. Case (C) 2529/2019 -:16:- 2025:KER:29690 position in the future. Ultimately, it is the responsibility of the authorities concerned to maintain the area and the walkway. The earlier orders and the affidavits filed would show that there are different departments and agencies involved, and each is shifting blame to the other. The orders and affidavits in these Petitions clearly reflect lack of co-ordination. If the progress is to be sustained, there has to be regular co-ordination between different agencies. We are informed that the promenade is under the control and management of the GCDA, it also falls within the jurisdiction of the Kochi Municipal Corporation, and that the KSPCB and the Police Authorities are also involved in the same. Taking note of the fact that various Government departments are involved and the history of lack of co-ordination, we called upon the learned counsel for the parties and the learned Amicus Curiae to give suggestions as to how a permanent monitoring mechanism involving all agencies can be set up.

21. The learned counsel for the Petitioner submitted a written note dated 27 January 2025 on the composition of the mechanism. When the Petition came up for consideration on 3 March 2025, the composition of a permanent Monitoring Committee was deliberated upon. It was suggested that a Committee be constituted, with the District Collector, Ernakulam, as the Chairman, and the Commissioner of Police, Kochi City, along with the Chief Environmental Engineer of the Kerala State Pollution Control Board, Ernakulam, as members, to ensure the proper upkeep, maintenance, and cleanliness of the Marine Drive walkway by WPC 18629/2019 & Cont. Case (C) 2529/2019 -:17:- 2025:KER:29690 Respondent Nos.1 and 2. The learned counsel on both sides, on instructions, have agreed to the setting up of the Committee for monitoring and co-ordination, and to enable the citizens to place their grievances. This Monitoring Committee can be titled as "Kochi Marine Drive Monitoring Committee".

22. In such circumstances, we issue the following directions:

(i) The Secretary of the Greater Cochin Development Authority, the Secretary of the Corporation of Cochin, the District Collector, the Commissioner/Inspector General of Police, Kochi city, and the Secretary of the Kerala State Pollution Control Board will hold a joint meeting within four weeks to formulate a permanent monitoring mechanism (Committee) consisting of senior officers from each department, for maintenance and upkeep of the Kochi Marine Drive Walkway.
(ii) The State Government will issue the necessary order/notification constituting the Kochi Marine Drive Monitoring Committee, within four weeks thereafter.
(iii) The Monitoring Committee will designate a nodal officer to co-ordinate with the officers of different departments, who are part of the said Committee.
(iv) A protocol for the functioning and co-ordination will be developed by the Monitoring Committee based on the interim directions issued by this Court from time to time.
(v) The Monitoring Committee will meet periodically, not less than twice a year.

WPC 18629/2019 & Cont. Case (C) 2529/2019 -:18:- 2025:KER:29690

(vi) A dedicated telephone number, email address, and social media presence be provided by the Monitoring Committee where the citizens can bring complaints to the notice of the Committee and later can upload photographs.

(vii) The Monitoring Committee will look into the complaints/grievances brought to its notice and take appropriate action.

23. In view of the setting up of this mechanism and the consensus at the bar that no further direction is required at this stage, we close W.P. (C) No. 18629 of 2019. We, however, leave it open to any public- spirited person to approach this Court.

24. In light of this direction, the proceedings in Contempt Case (C) No. 2529 of 2019 are hereby closed, expecting that this Court will not be required to exercise its contempt jurisdiction for non-compliance of the orders of this Court.

Sd/-

NITIN JAMDAR, CHIEF JUSTICE Sd/-

S. MANU, JUDGE krj/-

WPC 18629/2019 & Cont. Case (C) 2529/2019 -:19:- 2025:KER:29690 APPENDIX OF WP(C) 18629/2019 PETITIONER'S EXHIBITS:-

EXT. P1 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE UGLY STATE OF AFFAIRS OF MARINE DRIVE.
EXT. P2 TRUE COPY OF THE NEWS REPORT DATED 27.5.2019 PUBLISHED BY THE TIMES OF INDIA.
EXT. P3 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE CORPORATION ALONG WITH REGISTRATION RECEIPT DATED 18.6.2019.
EXT. P4 TRUE COPY OF THE REPORT DATED 22.6.2019 PUBLISHED BY THE DECCAN CHRONICLE.
EXT. P5 TRUE COPY OF THE NEWS REPORT DATED 26.6.2019 PUBLISHED BY THE NEW INDIAN EXPRESS.
EXT. P6 TRUE COPY OF THE REPORT DATED 27.6.2019 PUBLISHED BY THE TIMES OF INDIA.
EXT. P7 COPY OF THE NEWS REPORT WHICH PUBLISHED BY THE NEW INDIAN EXPRESS ON 05.07.2019.
EXT. P8 COPY OF THE NRES REPORT APPEARED IN INDIA EXPRESS DAILY ON 21.09.2019.
EXT. P9 COPY OF THE NEWS REPORT APPEARED IN TIMES OF INDIA ON 21.09.2019.
EXT. P10 COPY OF THE NEWS REPORT APPEARED IN DECCAN CHRONICLE ON 25.09.2019.
RESPONDENTS' EXHIBITS:-
EXT. R5(A) TRUE COPY OF THE JUDGMENT DATED 1.2.2018 IN W.P. (C)NO.3032/2018.

WPC 18629/2019 & Cont. Case (C) 2529/2019 -:20:- 2025:KER:29690 EXT. R5(B) TRUE COPY OF THE CLARIFICATION PETITION AS I.A.NO.5868/2018 IN W.P.(C) NO.3032/2018.

EXT. R5(C) TRUE COPY OF THE ORDER DATED 2.4.2018 IN I.A.NO.5868/2018 IN W.P.(C)NO.3032/2018.

ANNEX.-R5(A): COPY OF THE ANALYSIS REPORT DATED 15.2.2020 OF THE SAMPLES COLLECTED FROM THE OUTLET OF THE STP PROVIDED BY ABAD MARINE PLAZA.

ANNEX.-R5(B): COPY OF THE LETTER DATED 3.3.2020 ISSUED BY THE BOARD TO M/S. ABAD MARINE PLAZA ALONG WITH ENGLISH TRANSLATION.

ANNEX.-R5(C): COPY OF THE ANALYSIS REPORT.

ANNEX.-R5(D): COPY OF THE CONSENT TO OPERATE ISSUED TO M/S. FEDERAL BANK.

ANNEX.-R5(E): COPY OF THE CONSENT TO OPERATE (RENEWAL) ISSUED TO M/S. FEDERAL BANK.

AMICUS CURIAE'S ANNEXURES:

ANNEX.-1: PHOTOGRAPHS SHOWING THE CCTV CAMERAS INSTALLED IN THE MARINE DRIVE WALKWAY ENTRY FROM THE HIGH COURT JUNCTION.
ANNEX.-2: PHOTOGRAPHS SHOWING THE TOILETS PROVIDED IN THE MARINE DRIVE WALKWAY AREA.
ANNEX.-3: PHOTOGRAPHS SHOWING THE FLOOR TILES IN THE MARINE DRIVE NEW WALKWAY.
ANNEX.-4: PHOTOGRAPHS SHOWING THE DRAINAGE AND THE FLOOR TILES IN THE OLD WALKWAY AREA.
ANNEX.-5: PHOTOGRAPHS SHOWING THE DAMAGED SLABS IN THE WALKWAY AREA.
ANNEX.-6: PHOTOGRAPHS SHOWING THE DILAPIDATED BOUNDARY WALLS IN THE MARINE DRIVE WALKWAY.
ANNEX.-7: PHOTOGRAPHS SHOWING THE DAMAGED BENCHES IN THE MARINE DRIVE WALKWAY.
WPC 18629/2019 & Cont. Case (C) 2529/2019 -:21:- 2025:KER:29690 ANNEX.-8: PHOTOGRAPHS SHOWING THE LICENSED STREET VENDORS IN THE ENTRY AREA FROM THE HIGH COURT JUNCTION AND LICENSED STALL IN THE OLD WALKWAY.
ANNEX.-9: PHOTOGRAPHS SHOWING THE WILD BUSH GROWN IN THE OLD WALKWAY AREA.
ANNEX.-10: PHOTOGRAPHS SHOWING THE WASTE MATERIALS DUMPED IN THE MARINE DRIVE WALKWAY AREA INCLUDING THE LAKE.
ANNEX.-11: PHOTOGRAPHS SHOWING THE SMOKE EMITTING FROM INCINERATORS IN THE MARINE DRIVE NEW WALKWAY AREA ADJACENT TO THE WALKWAY.
ANNEX.-12: PHOTOGRAPHS SHOWING THE CONCRETE AND OTHER PIPES PROJECTING TO THE LAKE FROM THE MARINE DRIVE WALKWAY AREA.
ANNEX.-13: PHOTOGRAPHS SHOWING THE PRIVATE ENCROACHMENT IN THE MARINE DRIVE OLD WALKWAY AREA.
ANNEX.-14: PHOTOGRAPHS SHOWING THE ENCROACHMENT OF MARINE DRIVE AREA BY PRIVATE BOAT OPERATORS. WPC 18629/2019 & Cont. Case (C) 2529/2019 -:22:- 2025:KER:29690 APPENDIX OF CON.CASE(C) 2529/2019 PETITIONER'S ANNEXURES:-
ANNEX.-A COPY OF THE ORDER DATED 9.07.2019 IN W.P.(C) NO.18629/2019 OF THIS HON'BLE COURT.
ANNEX.-B COPY OF THE ORDER DATED 15.7.2019 IN W.P.(C) 18629/2019 OF THIS HON'BLE COURT.
ANNEX.-C COPY OF ORDER DATED 9.8.2019 IN W.P.(C) NO.18629/2019 OF THIS HON'BLE COURT.
ANNEX.-D COPY OF ORDER DATED 14.8.2019 IN W.P.(C) NO.18629/2019 OF THIS HON'BLE COURT.
ANNEX.-E COPY OF ORDER DATED 3.10.2019 IN W.P.(C) NO.18629/2019 OF THIS HON'BLE COURT.
ANNEX.-F COPY OF THE REPORT DATED 10.10.2019 (WITHOUT ANNEXURE) OF THE AMICUS CURIAE.
ANNEX.-G COPY OF NEWS REPORT WHICH APPEARED IN TIMES OF INDIA DAILY DATED 30.11.2019.
ANNEX.-H PHOTOGRAPHS SHOWS BROKEN TILES, OVER GROWN BUSH AND GRASS, UNCLEAN SURROUNDINGS, DUMPED WASTES, ETC.
ANNEX.-I COPIES OF PHOTOGRAPHS TAKEN BY THE PETITIONER.
ANNEX.-J COPY OF NEWS REPORT WHICH APPEARED IN NEW INDIAN EXPRESS DATED 25.2.2020.
ANNEX.-K COPY OF THE DETAILS OF CURRENT BUDGET FROM THE GCDA WHICH APPEARED IN THE HINDU DAILY DATED 28.2.2020.

RESPONDENTS' ANNEXURES:-

ANNEX.-R1(A) COPY OF THE EMAIL FROM CSML DATED 03-12-2019. WPC 18629/2019 & Cont. Case (C) 2529/2019 -:23:- 2025:KER:29690 ANNEX.-R1(B) COPY OF THE SCOPE OF WORKS AND TERMS OF REFERENCE.
ANNEX.-R1(C) COPY OF THE PROPOSED IMPROVEMENTS TO MARINE DRIVE WALKWAY IN ERNAKULAM.
ANNEX.-R2A COPY OF THE BLACK AND WHITE COPY OF THE PHOTOGRAPHS.
ANNEX.-R2B COPY OF THE NOTICE NO.ISO/MOHS/38044/2019 DATED 04.12.2019 ISSUED BY THE CORPORATION TO THE RESPECTIVE BUILDINGS, AND ITS ENGLISH TRANSLATION.
ANNEX.-R2C     COPIES OF THE PHOTOGRAPHS.




                                                            //TRUE COPY//


                                                                 P.A. TO C.J.