Kerala High Court
Amitha V. Joseph vs State Of Kerala on 20 August, 2011
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 16TH DAY OF SEPTEMBER 2014/25TH BHADRA, 1936
WP(C).No. 28091 of 2011 (S)
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PETITIONER(S):
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AMITHA V. JOSEPH,
RESIDING AT FLAT NO. 25, HAVELI, EROOR - 682 036.
BY ADVS.SRI.P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR
SRI.K.JAGADEESH
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY ITS
PRINCIPAL SECRETARY, PUBLIC WORKS (H), DEPARTMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE DISTRICT COLLECTOR,
COLLECTORATE, KAKKANAD, COCHIN - 682 030.
3. COCHIN CORPORATION,
REPRESENTED BY ITS SECRETARY, P.B. NO. 1018
COCHIN - 682 011.
4. MUNICIPAL COUNCIL, COCHIN
CORPORATION, REPRESENTED BY ITS MAYOR, P.B. NO. 1018
PARK AVENUE, COCHIN - 682 011.
5. THE SENIOR ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD
DISTRICT OFFICE, GANDHI NAGAR, ERNAKULAM - 682 020.
R3&4 BY ADV. SRI.BABU KARUKAPADATH,SC,COCHIN CORPORA
R1 AND R2 BY SR.GOVERNMENT PLEADER SRI.P.I.DAVIS
R5 BY ADV. SRI. M.AJAY, SC, KERALA STATE POLLUTION
CONTROL BOARD.
R BY SRI.P.K.SOYUZ,SC,COCHIN CORPORATION
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
16-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 28091 of 2011
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1: COPY OF LETTER NO.PCB/CHN/GENERAL-42/05, ISSUED BY THE
5TH RESPONDENT DATED 20TH AUGUST, 2011.
EXHIBIT P2: SOME PHOTOGRAPHS OF the CHAMPAKKARA CANAL AND THE
SLAUGHTER AREA WHERE WASTES ARE DUMPED.
EXHIBIT P3: COPY OF JUDGMENT IN O.P.NO.17993 OF 1996, DATED 26TH
MARCH, 2002 OF THIS HON'BLE COURT.
EXHIBIT P4: COPY OF DECISION REPORTED AS DEJO KAPPAN VS. CORPORATION
OF COCHIN, 2007(1) KHC AT PAGE 519.
EXHIBIT P5: COPY OF REPRESENTATION FILED BY THE PETITONER BEFORE THE
SRI.OOMMEN CHANDY, CHIEF MINISTER OF KERALA, DATED 7TH JUNE, 2011.
/TRUE COPY/
PS TO JUDGE
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J
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W.P(C).No. 28091 of 2011
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Dated this the 16th September, 2014
JUDGMENT
Shaffique, J.
Petitioner has filed this public interest litigation complaining about the illegal acts on the part of certain authorities in slaughtering animals at Champakkara Market and throwing waste into the Champakkara canal. The petitioner has prayed for the following reliefs:
"i. To issue a writ, direction or order in the nature of mandamus to the 1st respondent to take appropriate action under Section 64(1A) of the Kerala Municipality Act, 1994 afgainst the Cochin Corporation;
ii. To appoint a Committee of at least three members, an expert body to monitor & issue directions to the Cochin Corporation for the effective disposal of waste and banning of slaughter in Champakkara area & market, Brahmanpuram and such other places and the shifting of slaughter house from Kaloor; iii. Such other relief which this Hon'ble Court deems fit and necessary in the circumstances of the case so as to improve the condition of WP(C).28091/11 2 the effective management & disposal of solid waste, construction of slaughter house, ban of illegal slaughter, dumping of waste in the river/canal polluting it and other duties enshrined under the Kerala Municipality Act, 1994."
2. The petitioner relies upon Exhibit P1 letter dated 20.8.2011 from the Senior Environmental Engineer to indicate that the Senior Environmental Engineer has informed the petitioner about the deplorable state of affairs in the Chambakara Market. Exhibit P2 photographs indicate that the state of affairs in the Chambakara Market are deplorable and no steps were taken by the Cochin Corporation to prevent slaughtering of animals and dumbing of waste in the said area.
3. Counter affidavit is filed by the third respondent inter alia stating that the Corporation has entrusted the work to a contractor. The slaughtering waste and fish waste generated at the Chambakara market are collected with the help of Kudumbasree members and removed in vehicles owned by the Corporation. That apart, it is WP(C).28091/11 3 submitted that no slaughtering of animals is done at Chambakara Market and meat brought from the slaughter house maintained at Kaloor alone is permitted to be brought to the Chambakara Market for sale and the slaughter house is maintained properly. It is also stated that there is adequate space for keeping 30-40 animals at a time in the slaughter house. The contractor has been instructed not to keep more than the permitted number of animals at the slaughter house. It is further stated that steps have been taken by the Corporation to shift the slaughter house maintained at Kaloor to a different place having lower population density and steps are being taken to establish a modern plant by acquiring land at Edakochi.
4. Heard learned counsel for the petitioner, learned Standing Counsel for the Pollution Control Board and the learned Standing Counsel for the Cochin Corporation.
5. On a perusal of Exhibit P1, we do not think that there is any material to indicate that animals have been slaughtered at Chambakara Market. According to the WP(C).28091/11 4 Corporation, animal slaughtering is being carried out at Kaloor and meat brought from the slaughter house at Kaloor alone is permitted to be brought to the Chambakara Market for sale.
6. Under such circumstances, we do not think that a direction as sought for can be granted in the case. However, if the petitioner has any further material to indicate that illegal slaughtering is being carried on in any area, it shall be open for the petitioner to make appropriate complaint to the Cochin Corporation, who shall thereafter conduct necessary enquiry and do the needful.
With the above observation, the Writ Petition is disposed of.
ASHOK BHUSHAN ACTING CHIEF JUSTICE A.M.SHAFFIQUE, JUDGE vgs17/9/14