Kerala High Court
Suo Motu vs State Of Kerala on 11 January, 2021
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942
WP(C).No.12260 OF 2013(S)
PETITIONER/S:
SUO MOTU
PROCEEDINGS INITIATED ON A PETITION RECEIVED FROM 'SNEHA'
-A RESIDENTS ASSOCIATION,KOZHIKODE IN THE HIGH COURT
REGISTRY,REGARDING THE PROBLEMS CAUSED BY THE BIO-
MEDICAL WASTES DUE TO THE NON-FUNCTIONING OF WASTE
WATER MANAGEMENT PLANT IN MEDICAL COLLEGE,KOZHIKODE
BY ADV. ..
RESPONDENT/S:
1 STATE OF KERALA
REP.BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY
WELFARE DEPARTMENT, THIRUVANANTHAPURAM.
2 THE DISTRICT COLLECTOR,
KOZHIKODE.
3 THE DISTRICT MEDICAL OFFICER,
KOZHIKODE.
4 THE DIRECTOR,
POLLUTION CONTROL BOARD,THIRUVANATHAPURAM.
5 ADDL.R5 IMPLEADED:
THE PRINCIPAL,
GOVT. MEDICAL COLLEGE, KOZHIKODE.
(ADDL.R5 SUO MOTU IMPLEADED AS PER ORDER DATED
24.05.2013 IN THE WRIT PETITION.)
SRI.ARAVINDA KUMAR BABU, SR. GP FOR R1 TO R3 & R5
R4 BY SRI. M.AJAY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 12260/2013 :2:
Dated this the 11th day of January, 2021.
JUDGMENT
S. MANIKUMAR,CJ.
This suo motu proceedings were initiated on a petition received from 'SNEHA', a residents Association, Kozhikode, in the registry regarding the problems caused by the bio-medical wastes due to the non-functioning of Waste Water Management Plant in Medical College, Kozhikode.
2. The aforesaid petition depicted the high pollution in the surrounding areas caused by the bio-medical wastes from the said hospital and alleges inaction on the part of concerned authorities as also the non-maintenance of oxidation plant and non-completion of waste water Management Plant in the said hospital.
3. Today, when the matter is taken up for consideration, attention of this Court was brought to the judgment dated 11.04.2019 in W.P.(C) No. 23362 of 2016 passed by one of us, Hon'ble Mr. Justice Shaji P. Chaly, who after considering the direction sought for against respondents 1 and 2 therein to put in operation of 2 MLD sewage treatment plant already installed and under the maintenance of respondents 3 & 4 immediately, and the further direction to the respondents 1 & 2 therein to install another 4 MLD sewage treatment plant as decided as early as W.P.(C) No. 12260/2013 :3: on 19.6.2006, and the pleadings and materials on record, disposed of the writ petition as follows:
6. A statement is filed for and on behalf of the additional 7th respondent i.e., the Corporation of Calicut, wherein it is stated that, the Kozhikode Corporation came into the picture only after Annexure R2(f) proceedings dated 7.10.2017 and accordingly it was decided to construct a 3 MLD STP within the premises of Medical College, Kozhikode by including the project in Atul Mission for Rejuvenation and Urban Transformation (AMRUT). Normally treatment plants will be constructed under AMRUT Scheme in the premises owned by the Corporation. But the establishment of sewage treatment plant within the Medical College premises was taken as a special case and Corporation decided to co-operate with the scheme. It is further submitted that, tenders were invited by the Superintending Engineer, Kozhikode Corporation and two tenders were received. The technical proposals were opened on 2.4.2019, which has to be approved and finalised by the Technical Committee for Sewerage and Septage sector of AMRUT. If the bidders are qualified, the financial bid will be opened by the Corporation and thereafter the contract will be awarded.
7. It is also submitted that, the time required for completing the construction as per the tender condition is nine months and the period of AMRUT project is from 2015-2020. Therefore, the project is to be completed in all respects by March, 2020 and if there is any delay in commissioning the project, there will not be any assistance from the Government. That apart it is pointed out that, the estimated cost sanctioned for establishment of sewerage plant is Rs.14.10 Crores.
8. Having evaluated the respective submissions made across the W.P.(C) No. 12260/2013 :4: Bar and perusing the pleadings and documents on record, I am of the considered opinion that, the documents and pleadings put forth by respective respondents make it clear that, substantial developments are taking place in regard to the construction of the tank for the STP and also the installation of 3 MLD new plant as well as maintenance of the existing plant. In that view of the matter and since works are going on, I think it is only appropriate that, the writ petition can be disposed of recording the submissions made by the Principal of the Government Medical College specified above in the additional statement dated 18.3.2019 and the statement filed by the additional 7th respondent that tenders are invited for the construction of the 3 MLD plant.
Accordingly, the submissions are recorded and the writ petition is disposed of directing the respective parties to complete the work at the earliest possible time and at any rate within the time period prescribed for the AMRUT project, which will expire in March, 2020 and there will be a direction accordingly."
4. Further, on the basis of the instructions furnished by the Principal, Government Medical College, Kozhikode dated 10.01.2021, Sri. Aravinda Kumar Babu, learned Senior Government Pleader, submitted that a sewage treatment plant with a capacity of 2 MLD is functioning in Government Medical College, Kozhikode w.e.f. 14.07.2017. After installation of that plant, a major portion of the polluted water from the collegiate hospitals are treated in that plant. The excess waste water was drained to Mayanad area.
5. It is also submitted that to find a permanent solution to stop W.P.(C) No. 12260/2013 :5: the pumping of waste water to Mayanad area, a collection well was created with the financial assistance of seven MLA's in Kozhikode district. The work of the collection well is completed and the waste water from hospitals is being collected in the well and pumped to STP. With the completion of that project, pumping of polluted water to Mayanad area has been completely stopped.
6. He further submitted that apart from the existing STP, Corporation of Kozhikode has sanctioned 2 STPs under 'Amrutham Project' with capacity of 2 MLD and 1 MLD and the work of the same has been started. That STP meant for the whole campus, includes the Nursing and Dental Colleges. The whole problem regarding the waste water from the college campus will be solved on completion of the project.
Placing on record the above, we find that no further directions are required to be issued in the instant writ petition. Accordingly, this writ petition is closed.
S. MANIKUMAR, CHIEF JUSTICE.
SHAJI P. CHALY, JUDGE.
Rv W.P.(C) No. 12260/2013 :6: APPENDIX PETITIONER'S EXHIBITS: NIL RESPONDENTS' EXHIBITS:
ANNEXURE R4(a): TRUE COPY OF THE LETTER DATED 02.08.2011 ISSUED BY THE BOARD TO THE 1ST RESPONDENT.
ANNEXURE R4(b): TRUE COPY OF THE LETTER DATED 05.12.2012 ISSUED BY THE BOARD TO THE 1ST RESPONDENT.
ANNEXURE R4(c): TRUE COPY OF THE LETTER DATED 12.03.2013 ISSUED BY THE BOARD TO THE 1ST RESPONDENT.
ANNEXURE R4(d): TRUE COPY OF THE LETTER DATED 25.06.2013 ISSUED BY THE BOARD TO THE 1ST RESPONDENT.
ANNEXURE R4(e): TRUE COPY OF THE LETTER DATED 28.02.2013 ISSUED BY THE BOARD TO THE 1ST RESPONDENT.
ANNEXURE R4(f): TRUE COPY OF THE LETTER DATED 22.03.2013 ISSUED BY THE BOARD TO THE 1ST RESPONDENT.
/True Copy/ P.S to Judge.
rv